Does the favorable termination rule apply to a malicious prosecution action?

Similarly, in Hollender v. Trump Village Cooperative, Inc., 58 N.Y.2d 420, 461 N.Y.S.2d 765, 448 N.E.2d 432 (1983), the court stated the favorable termination rule as follows: "[I]n a malicious prosecution action, it is for the one who brings the suit to establish that the criminal proceeding ... terminated in favor of the accused. Indeed, it is 'only when [the] ... final disposition is such as to indicate ... innocence' that this burden is met." Id. at 425-26, 461 N.Y.S.2d 765, 448 N.E.2d 432. There, the court held that dismissal of criminal charges under a procedure called "adjournment in contemplation of dismissal" by its nature bars a malicious prosecution claim because it leaves the merits of the matter unresolved. Id. at 426, 461 N.Y.S.2d 765, 448 N.E.2d 432. Again, the issue was treated as a question of law that turned exclusively upon the procedure used to dismiss the action, not upon the more particular circumstances of the case.