New York Court of Appeals

James C. Heaney v. James Purdy

July 6, 197129 N.Y.2d 157

Summary

The New York Court of Appeals affirmed the Appellate Division's order striking the plaintiff's malicious prosecution claim, holding that Ontario law applies and that a dismissal for lack of jurisdiction does not constitute a favorable termination required for malicious prosecution. Justice Breitel dissented, arguing that such a dismissal should be sufficient to support the claim.