Lawson v. New York Billiards Corp.

Brief of Plaintiffs in Opposition to Defendants' Motion for Summary Judgment

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Plaintiffs, a former employee and his wife, filed an action against defendants, a corporation and two officers, alleging breach of employment contract and wrongful discharge, malicious prosecution, intentional infliction of emotional distress, slander and libel, and loss of consortium. We were substituted into the case at the end of discovery. Defendants filed a motion for summary judgment. The court granted partial summary judgment but did not dismiss the malicious prosecution claim. Eventually a settlement was reached.

Favorable rulings for our client cited in Am. Jur. 2nd "Malicious Prosecution" §§ 34, 60, 141; "Actual belief on part of prosecutor as element of probable cause in action for malicious prosecution," 65 A.L.R. 225; "Unreversed conviction as conclusive in action for malicious prosecution," 69 A.L.R. 1062; "Defendant's acquiescence in, approval of, or silence regarding, acts of another for which he was not otherwise responsible as ground of liability in action for malicious prosecution or false arrest," 120 A.L.R. 1322; "Dismissal by magistrate or other inferior court for lack or insufficiency of evidence as a final termination of prosecution as regards action for malicious prosecution," 135 A.L.R. 784.

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Published In: Civil Remedies Updates, Civil Rights Updates, Criminal Law Updates, Labor & Employment Updates, Personal Injury Updates

Reference Info:Legal Memoranda: Motions for Summary Judgment/Adjudication | Federal, 2nd Circuit, New York | United States