Diane S. Lind and Helen Sprecher, Plaintiffs-Appellants v. Joan Schmid, T/A Dutchman’s Restaurant, and Joan Schmid…

Summary

The New Jersey Supreme Court reversed the summary‑judgment ruling that dismissed a malicious‑prosecution claim because a municipal magistrate’s conviction, later reversed on appeal, was deemed to conclusively establish probable cause. The Court held that such a conviction creates only a rebuttable presumption of probable cause and must be examined for evidentiary support; where the magistrate’s finding was unsupported, the conviction should be disregarded. Accordingly the case was remanded for trial.