Court of Appeals Clarifies Malicious Prosecution Standard
Lawrence Rogak
Philosopher/ lawyer who wrote the book on New York PIP. No artificial intelligence, ever.
In today's The Rogak Report:
The Court of Appeals explains what a plaintiff's burden is in a malicious prosecution claim. In DeLourdes Torres v Jones, plaintiff was a suspect in a murder case. She initially lied to detectives about not knowing the deceased. During 21 hours of questioning she finally agreed to sign a confession, written by the police, which included details about the crime scene which the detectives knew were false. This, held the Court, created a triable issue of fact as to both her false arrest and malicious prosecution claims. Read the details here.
Lawrence N. Rogak