Supreme Court of New Jersey

Howard D. Brunson, Plaintiff-Respondent v. Affinity Federal Credit Union, a Corporation, Doing Business in the…

May 5, 2009199 N.J. 381

Summary

The Supreme Court of New Jersey affirmed the trial court’s dismissal of the plaintiff’s malicious prosecution and negligent investigation claims, holding that the criminal complaint was supported by probable cause and that New Jersey does not recognize a negligent‑investigation tort as a substitute for malicious prosecution. The Court also held that when a plaintiff fails to appear for trial, the court must first consider less drastic remedies before dismissing the action.