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Court of Appeals of New York


MARTINEZ v. CITY OF SCHENECTADY, 3 No. 139

A cause of action for malicious prosecution will fail when a criminal defendant has not obtained a favorable termination of a criminal proceeding where the outcome is inconsistent with the innocence of the accused, since the absence of a conviction is not itself a favorable termination.

Appellate Information

  • Decided 11/19/2001
  • Published 11/19/2001

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  • Court of Appeals of New York

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