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MacFAWN v. KRESLER

88 N.Y.2d 859 (1996)

666 N.E.2d 1359

644 N.Y.S.2d 486

James MacFawn, Jr., Appellant, v. Keri A. Kresler et al., Respondents.

Court of Appeals of the State of New York.

Decided May 2, 1996.

Attorney(s) appearing for the Case

Eugene R. Spada, Albany, for appellant.

Cravath, Swaine & Moore, New York City (Timothy J. Coleman, Rowan D. Wilson and Robert P. Pongetti of counsel), for respondents.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff in this malicious prosecution action bears the burden of establishing that the underlying criminal action terminated favorably to him (Ward v Silverberg, 85 N.Y.2d 993; Hollender v Trump Vil. Coop., 58 N.Y.2d 420; Martin v City of Albany...

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