Doris Feinberg v. Saks & Co.

Summary

The New York Court of Appeals held that the Appellate Division erred in dismissing the plaintiff's malicious prosecution claim because there was evidence of an intervening circumstance that could support an inference of malice, and therefore ordered a new trial on that claim. The Court also affirmed that it has authority to review the Appellate Division's corrective action, while noting that the false arrest verdict was not appealed and thus not before the Court.