Posts Categorized: Malicious Prosecution

Posted: May 27, 2018

Misstatements in Court Documents That Were Not Material and a Single Act of Deceit Insufficient Basis for Malicious Prosecution Claim

On May 22, 2018, the First Department issued a decision in Shawe v. Elting, 2018 NY Slip Op. 03644, holding that misstatements that were not material and a single act of deceit were an insufficient basis for a malicious prosecution claim, explaining: [O]ur rulings in Elting v Shawe (129 AD3d 648 [1st Dept 2015]) and... Read more »

Posted: March 13, 2017

Allegations of Malicious Prosecution and Defamation Based on Allegations in Complaint Upheld

On February 28, 2017, the First Department issued a decision in Thomas v. G2 FMV, LLC, 2017 NY Slip Op. 01511, upholding claims for malicious prosecution and defamation based on allegations in a complaint, explaining: Plaintiff alleges that, for improper purposes, defendants brought an action for a declaration that he resigned from G2 Investment Group,... Read more »

Posted: January 11, 2016

Motion Court Erred in Not Dismissing Malicious Prosecution and Judiciary Law Section 487 Claims

On December 29, 2015, the First Department issued a decision in Facebook, Inc. v. DLA Piper LLP (US), 2015 NY Slip Op. 09602, reversing a decision of the New York County Supreme Court (Rakower, J.) and dismissing the plaintiff’s malicious prosecution and Judiciary Law Section 487 claims on the pleadings. The action arose from a... Read more »

Posted: August 16, 2014

Defendant Liable for Malicious Prosecution Even Though No Actual Prosecution Took Place

On July 30, 2014, the Second Circuit issued a decision in Stampf v. Trigg, Docket No. 11-3225-CV, affirming an EDNY decision finding a defendant liable for malicious prosecution. In Stampf, a defendant, Trigg, accused the plaintiff, her co-worker Stampf, of touching her inappropriately and filed a complaint with the MTA police.  Trigg’s complaint led to Stampf’s arrest, during which she “was... Read more »