Hornstein v. Wolf

In an action to recover compensatory and punitive damages for alleged malicious prosecution, plaintiff appeals from an order of the Supreme Court, Nassau County, entered July 13, 1979 which, upon defendants’ motion, dismissed the complaint without prejudice, on the grounds that it failed to state a cause of action and was premature. Order affirmed, with $50 costs and disbursements. Among the elements essential to the maintenance of a cause of action for malicious prosecution is a termination of the allegedly malicious proceeding which is favorable to the person who wishes to maintain the…