Practice point: The Appellate Division affirmed dismissal, as the record does not support a finding that defendants initiated the criminal proceeding against plaintiff without probable cause and with malice. Instead, the record merely shows that they provided police with information and cooperated with authorities; there is no evidence that defendants affirmatively induced the authorities to act.
Student note: The grand jury indictment of plaintiff raises a rebuttable presumption of probable cause for the drug possession charge.
Case: Patrick v. United Parcel Serv., Inc., NY Slip Op 05446 (1st Dep't July 7, 2016)
Here is the decision.
Tomorrow's issue: General Business Law § 349, the statute of limitations, and estoppel.
