Parties objecting to development projects have traditionally been immunized from liability for common law torts, such as malicious prosecution, abuse of process and tortious interference.
New York State tort law requires plaintiffs in malicious prosecution cases to prove four elements: That a legal proceeding was initiated against the plaintiff, that the proceeding ended with a ...
Instead of forcing a square peg into a round hole by judging an unreasonable seizure based on the malicious-prosecution tort, I would 'hold that a malicious-prosecution claim may not be brought ...
The opinion from the Appellate Division, First Department found that Black’s attorneys failed to substantiate the allegation ...
A Henry County family is suing the sheriff for false arrest and malicious prosecution, alleging the county has waged a campaign of “wild west justice” against them. Curtis and Lori Wagler are ...
In a majority decision, the apex court also rules that malicious prosecution cannot arise from civil proceedings.