LAMBERT v. CORY


23 A.D.2d 731 (1965)

Ronie Lambert et al., Appellants, v. Paul Cory, as Treasurer and on Behalf of Travelers Express Company, Respondent

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

April 13, 1965


Judgment, dismissing the complaint, unanimously affirmed, with $50 costs to respondent.

In this action for damages caused by an alleged malicious prosecution, it appeared that plaintiffs had been indicted by a Grand Jury in Bronx County but had been acquitted upon a trial of the indictment. Since the indictment by the Grand Jury created a presumption of probable cause, it was incumbent on plaintiffs to prove, in addition to the termination of the criminal proceeding...

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