Wednesday, July 27, 2016

A dismissed claim of malicious prosecution.

Practice point:  The Appellate Division affirmed dismissal, as the record does not support a finding that defendants initiated the criminal proceeding against plaintiff without probable cause and with malice. Instead, the record merely shows that they provided police with information and cooperated with authorities; there is no evidence that defendants affirmatively induced the authorities to act.

Student note: The grand jury indictment of plaintiff raises a rebuttable presumption of probable cause for the drug possession charge.

Case:  Patrick v. United Parcel Serv., Inc., NY Slip Op 05446 (1st Dep't July 7, 2016)

Here is the decision.

Tomorrow's issue:  General Business Law § 349, the statute of limitations, and estoppel.