WEG v. LIPPMAN


63 Misc.2d 352 (1970)

Frank Weg, Plaintiff, v. Murray Lippman, Defendant.

Civil Court of the City of New York, Trial Term, New York County.

July 2, 1970


Attorney(s) appearing for the Case

Yellin, Kemner & Levy (Gerald Goldstein of counsel), for plaintiff.


IRVING YOUNGER, J.

This is an action for malicious prosecution in which, upon defendant's failure to appear, I took an inquest.

In order to prevail, plaintiff must prove four elements: (1) institution of a criminal proceeding by defendant against plaintiff; (2) termination of the proceeding in plaintiff's favor; (3) absence of probable cause; and (4) malice. (Munoz v. City of New York, 18 N.Y.2d 6.)<...

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