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EBERHARDT v. CONSOL. EDISON CO. OF NEW YORK, INC.

1 A.D.2d 1001 (1956)

Fred Eberhardt, Respondent, v. Consolidated Edison Company of New York, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 22, 1956

Per Curiam.

Plaintiff in this malicious prosecution action was indicted by the Grand Jury. That in itself constitutes prima facie evidence of probable cause which may be overcome only by proof that there was not a full and complete statement of facts to the Grand Jury, or that defendant falsified the evidence or kept back information of facts which might have affected the result (Hopkinson v. Lehigh Val. R. R. Co., 249 N.Y. 296; Berger v. American...

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