New York Court of Appeals

Jo-Ann Cantalino, Appellant v. Jacqueline Danner, Respondent

June 28, 200196 N.Y.2d 391

Summary

The New York Court of Appeals held that a dismissal of criminal charges in the interest of justice is a "favorable termination" for purposes of a malicious prosecution claim when the reasons for dismissal are not inconsistent with the accused's innocence. Accordingly, the Court reversed the Appellate Division and reinstated the plaintiff's malicious prosecution action.