Malicious Prosecution
1Elements and Case Citations
Based on Criminal Action:
“[T]he elements required to establish malicious prosecution, . . . are
- that the defendant commenced or continued a criminal proceeding against the plaintiff;
- that the prosecution terminated in plaintiff’s favor;
- the absence of probable cause; and
- actual malice.”
Subscribers To The New York Litigation Guide Can See:
- The rest of the elements for this cause of action;
- The citations to the most recent state and federal court cases citing the cause of action;
- The statute of limitations; and
- The defenses to this cause of action.
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