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PIPER v. SCHER

221 N.J. Super. 54 (1987)

533 A.2d 974

BARBARA PIPER, PLAINTIFF-APPELLANT, v. GERALD J. SCHER, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 29, 1987.

Attorney(s) appearing for the Case

Diane M. Lucianna argued the cause for appellant (Lucianna, Bierman and Stillman, attorneys, Diane M. Lucianna, of counsel and on the brief).

Michael B. Wallstein argued the cause for respondent (Gelman and McNish, attorneys, Jill L. McNish, of counsel, Michael B. Wallstein, on the brief).

Before Judges FURMAN, BRODY and SCALERA.

The opinion of the court was delivered by SCALERA, J.A.D.

The narrow issue presented here is whether, in a malicious prosecution action, defendant's voluntary termination or abandonment of the underlying criminal action, without any agreement with or other prejudicial misconduct by the plaintiff, may constitute a favorable termination of the criminal proceedings, one of the elements of such a cause of action. We determine the answer to that question affirmatively...

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