Lawson v. New York Billiards Corp.

Memorandum and Order

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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" ยงยง 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:Decision | Federal, 2nd Circuit, New York | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ronald Coleman, Goetz Fitzpatrick LLP | Attorney Advertising

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