Donald S. Engel, Appellant, Plaintiff v. CBS, Inc., Respondents

Summary

The New York Court of Appeals answered a certified question from the Second Circuit, holding that New York law requires a special injury element in a malicious prosecution claim and that the requirement is not limited to the imposition of a provisional remedy. Applying that rule to the facts presented, the Court found that Engel did not demonstrate the requisite special injury, and therefore answered the certified question in the negative.