Eberhardt v. Consolidated Edison Co. of New York, Inc.

Plaintiff in this malicious prosecution action was indicted by the Grand Jury. That in itself constitutes prima facie evidence of probable cause which may be overcome only by proof that there was not a full and complete statement of facts to the Grand Jury, or that defendant falsified the evidence or kept back information of facts which might have affected the result (Hopkinson v. Lehigh Val. R. R. Co., 249 N. Y. 296; Berger v. American Nat. Fire Ins. Co., 279 App. Div. 335, 336). There was no proof adduced by plaintiff to establish any of those elements. In fact there is no proof at all from…