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CANTALINO v. DANNER

96 N.Y.2d 391 (2001)

754 N.E.2d 164

729 N.Y.S.2d 405

JO-ANN CANTALINO, Appellant, v. JACQUELINE DANNER, Respondent.

Court of Appeals of the State of New York.

Decided June 28, 2001.

Attorney(s) appearing for the Case

Genovesi, Landicino & Genovesi, L. L. P., Brooklyn (Anthony J. Genovesi, Jr., of counsel), for appellant.

Lifshutz, Polland & Hoffman, P. C., New York City (John W. Burns and Elliot R. Polland of counsel), for respondent.

Michael D. Hess, Corporation Counsel of New York City (Linda H. Young and Pamela Seider Dolgow of counsel), for City of New York, amicus curiae.

Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

Chief Judge KAYE.

Is a dismissal in the interest of justice a "favorable termination" for purposes of a malicious prosecution action? Under the circumstances here, we conclude that it is, since the court's reasons for dismissing the criminal charges were not inconsistent with the innocence of the accused.

This case arises out of the bitterly contested divorce of plaintiff from her husband. The husband, a lieutenant in the New...

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