Graham v. City of New York

The elements of an action for malicious prosecution are clearly specified in Gastman v. Myer (285 App. Div. 611). At page 612 the court said: “ It is elementary that in order to make out a cause of action for malicious prosecution arising out of a criminal proceeding, plaintiff must allege and prove (1) that defendant instituted or continued a criminal proceeding against plaintiff; (2) malice; (3) absence of probable cause; (4) termination of the proceeding in favor of plaintiff; and (5) damages.”

It is conceded by the defendant that the plaintiff was sub-' jected to criminal prosecutions and…