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eBook details

• Title: Ronie Lambert Et Al. v. Paul Cory
• Author : Supreme Court of New York
• Release Date : January 13, 1965
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

Judgment, dismissing the complaint, unanimously affirmed, with $50 costs to respondent. In this action for damages caused by an alleged malicious prosecution, it appeared that plaintiffs had been indicted by a Grand Jury in Bronx County but had been acquitted upon a trial of the indictment. Since the indictment by the Grand Jury created a presumption of probable cause, it was incumbent on plaintiffs to prove, in addition to the termination of the criminal proceeding in their favor, that defendant-respondent presented false evidence or withheld pertinent exculpatory evidence from the prosecutor and Grand Jury which may have affected the Grand Jury's decision to indict. (Ashlaw v. Racquette Riv. Paper Co., 1 A.D.2d 69, affd. 2 N.Y.2d 744; Eberhardt v. Consolidated Edison Co. of N. Y., 1 A.D.2d 1001, affd. 3 N.Y.2d 968; Brown v. Simab Corp., 20 A.D.2d 121, 122.) In our opinion, the Trial Justice properly dismissed the complaint at the close of the plaintiffs' case. The evidence was insufficient to permit any conclusion that employees of defendant-respondent had falsely testified before the Grand Jury or suppressed any pertinent facts. The only proof offered by plaintiffs to establish that false evidence had been presented to the Grand Jury was the testimony of plaintiffs themselves which contradicted the testimony, in certain respects, given by defendant's agents before the Grand Jury. It was stipulated at the trial that there was no substantial variance between the testimony before the Grand Jury and at the criminal trial. These contradictions

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