Psaty v. Fifth Avenue & Ninety-third Street Corp.

It is evident that the complaint states a cause of action for the alleged malicious prosecution of the civil action previously commenced by these defendants against the plaintiff. It is equally apparent that the reference to the order of arrest obtained in that litigation was due to the fact that such an allegation is, in this State, a necessary element of a cause of action for the malicious prosecution of a civil action. (Sachs v. Weinstein, 208 App. Div. 360, 365.) The plaintiff’s right to sue pursuant to the remedy he has chosen to invoke did not accrue until the termination of the action…