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.
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 ...
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 ...
The opinion from the Appellate Division, First Department found that Black’s attorneys failed to substantiate the allegation ...
In a majority decision, the apex court also rules that malicious prosecution cannot arise from civil proceedings.