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PACHOLKA v. KOZIC

236 A.D.2d 265 (1997)

653 N.Y.S.2d 344

James Pacholka, Respondent, v. Zoran Kozic, Appellant, et al., Defendants

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

February 18, 1997

In a malicious prosecution action, "[p]laintiff * * * bears the burden of establishing that the underlying criminal action terminated favorably to him [citations omitted]. A criminal proceeding terminates favorably to the accused, for purposes of a malicious prosecution claim, when the final disposition of the proceeding involves the merits and indicates the accused's innocence" (MacFawn v Kresler, 88 N.Y.2d 859, 860). Defendant...

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