Posted by David Oliver on 1/10/2013 to Business Law
Malicious Prosecution in New York
Withholding Information From Courts that Would Defeat a Judgment
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.