Cooper v. Lathillerie

OPINION OF THE COURT

Memorandum.

Ordered that the order is reversed, without costs, and defendant’s motion to dismiss the action is denied.

Plaintiff brought this small claims action to recover the expenses, including attorney’s fees, he had allegedly incurred in the defense of two criminal proceedings. The gravamen of his cause of action, based on malicious prosecution, was that defendant had been the complaining witness in those proceedings, which had concluded in plaintiff’s favor. The District Court granted defendant’s motion to dismiss the action for failure to state a cause of action upon…