Does a dismissal for facial insufficiency constitute a cause of action for malicious prosecution?
MultiRegion, United States of America
The following excerpt is from Russell v. Journal News, Journal News LLC, No. 16-12-cv (2nd Cir. 2016):
153 (2d Cir. 1999) (holding that, in New York, dismissal for facial insufficiency is "not a decision on the merits, an essential element of a cause of action for malicious prosecution"); see also MacFawn v. Kresler, 88 N.Y.2d 859, 860 (1996) (holding that a dismissal of the information without prejudice for facial insufficiency may not serve as the basis for a malicious prosecution claim).
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