The following excerpt is from Bradick v. Israel, 377 F.2d 262 (2nd Cir. 1967):
Under the relevant law, that of New York, a cause of action for malicious prosecution will not lie if the prosecution complained of was not "begun in malice" or if it ended in success for the prosecuting party. See, Burt v. Smith, 181 N.Y. 1, 5, 73 N.E. 495 (1905).
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