Malicious Prosecution in New York
IncSmart New York (Small Business and Startups) - Plaintiff and plaintiff’s attorney acting in bad faith by withholding information from courts it knew or should have known would defeat a judgment or a motion against a defendant. This is a personal injury cause of action, not a crime.  Malicious prosecution is a claim that can be raised in a lawsuit. It is a reason to sue wrongfully prosecuting them. This is normally used against investigators, or attorneys. This is also a civil lawsuit.  There is no jail time.  The lawsuit that asks for monetary damages.  Damages could include  legal fees, lost wages.  For a prosecution to be malicious, it has show no probable cause.

Courts prohibit taking a legal action when the lawyer knows or should have known it was without probable cause and for the purpose of harassing or maliciously injuring any person or against the law such as frivolous, unless supported by a good faith argument.   Frivolous is defined as totally and completely without merit or for the sole purpose of harassing an opposing party. There should show a lack of evidence in absence of probable cause to bring the complaint. The lawsuit at issue was so completely lacking in apparent merit that "no reasonable attorney would have thought the claim tenable." There are defenses to this type of lawsuit.  There are two defenses however.  One is qualified immunity and the other is probable cause.
By David Oliver

For 10 years, Business Services has helped companies and people from all over the world form New York Corporations and New York Limited Liability Companies. When you call, email, text, message or live chat with our office, expect personal attention.  Small business is the heart of IncSmart. 

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