Legal Opinion
Ward v. Silverberg
New York Court of Appeals
Decided June 7, 1995PublishedCited by 29 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
To resist defendant’s motion for summary judgment dismissing the complaint, plaintiff in this malicious prosecution action bears the burden of proving that the underlying criminal action brought against her by her optometrist for the alleged theft of a pair of eyeglasses was terminated in her favor (Martin v City of Albany, 42 NY2d 13, 16). This Court has consistently held that a criminal action is "terminated in the accused’s favor” for purposes of a malicious prosecution claim where a judicial…
2Cases cited4 opinions
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
- Martin v. City of AlbanyNew York Court of Appeals · 1977
- Hollender v. Trump Village Cooperative, Inc.New York Court of Appeals · 1983
- Halberstadt v. . New York Life Ins. Co.New York Court of Appeals · 1909
3Cited by29 opinions
- Lanning v. City of Glens FallsCourt of Appeals for the Second Circuit · 2018
- Smith-Hunter v. HarveyNew York Court of Appeals · 2000
- Cantalino v. DannerNew York Court of Appeals · 2001
- MacFawn v. KreslerNew York Court of Appeals · 1996
- O'BRIEN v. AlexanderDistrict Court, S.D. New York · 1995
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