HONZAWA v. HONZAWA


309 A.D.2d 629 (2003)

766 N.Y.S.2d 29

MITSUHIRO HONZAWA et al., Respondents-Appellants, v. HIROKUNI HONZAWA et al., Appellants-Respondents, et al., Defendants. MITSUHIRO HONZAWA et al., Respondents, v. HIROKUNI HONZAWA et al., Appellants, et al., Defendants.

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

Decided October 21, 2003.


The absence of proof that defendant Takara International, the plaintiff in the underlying action, had any claim upon the funds that it alleged were converted by plaintiff Mitsuhiro Honzawa, supports the jury's award of damages for malicious prosecution. Testimony by both Mitsuhiro and his brother, defendant Hirokuni Honzawa, concerning the substantial cash deposits they made to Hong Kong bank accounts demonstrates the absence of probable cause to prosecute the action. Having...

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