JACKSON v. COUNTY OF NASSAU


123 A.D.2d 834 (1986)

John T. Jackson, Respondent, v. County of Nassau et al., Appellants

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

October 27, 1986


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendants' motion for summary judgment is granted in its entirety.

To establish a malicious prosecution cause of action arising from a criminal proceeding, the plaintiff must prove that (1) the defendant either commenced or continued a criminal proceeding against him, (2) the proceeding terminated in his favor, (3) there was no probable cause for the criminal proceeding,...

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