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VIDAL v. BLOOMINGDALE BROS., DIV. OF FEDERATED DEP'T STORES, INC.

85 A.D.2d 508 (1981)

George Vidal, Respondent, v. Bloomingdale Bros., Division of Federated Department Stores, Inc., et al., Appellants

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

December 1, 1981

An essential element of the claim for malicious prosecution is actual malice on the part of the defendant. (See Broughton v State of New York, 37 N.Y.2d 451, 457, cert den sub nom. Schanbarger v Kellogg, 423 U.S. 929.) Whether or not plaintiff had in fact signed an agreement in February, 1976 not to re-enter the store, and whether or not defendants' employees were mistaken...

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