BARONE v. CITY OF MOUNT VERNON


170 A.D.2d 557 (1991)

Michael Barone, Appellant, v. City of Mount Vernon et al., Respondents

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

February 19, 1991


Ordered that the judgment is affirmed, with one bill of costs.

In connection with the plaintiff's first cause of action, based on the tort of malicious prosecution, the trial court charged the jury that, in order to prevail, the plaintiff would have to prove not only that the prosecution against him was initiated without probable cause, but also that it was initiated by the defendants "maliciously". The court defined the latter term by stating that "a prosecution...

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