From Casetext: Smarter Legal Research

Chernow v. Feldman

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1947
272 App. Div. 937 (N.Y. App. Div. 1947)

Opinion

June 30, 1947.


Action to recover damages for the malicious prosecution by appellant of a criminal charge against the plaintiff. Judgment for the plaintiff affirmed, with costs. No opinion.


The appellant testified at the trial in the County Court, Kings County, under subpoena, and at no other proceeding in the criminal prosecution. If it be assumed that there is evidence to sustain the finding that the appellant instigated the criminal prosecution, the record is barren of proof to sustain a finding of want of probable cause. The holding by the magistrate and the indictment by the grand jury established probable cause prima facie. The statements about the appellant which appeared in the publication are libelous. There is no proof that such statements are true, thereby indicating want of probable cause for the prosecution which led to the holding by the magistrate and indictment by the grand jury.


Summaries of

Chernow v. Feldman

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1947
272 App. Div. 937 (N.Y. App. Div. 1947)
Case details for

Chernow v. Feldman

Case Details

Full title:JOE CHERNOW, Respondent, v. HARRY FELDMAN, Appellant, et al., Defendants

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 30, 1947

Citations

272 App. Div. 937 (N.Y. App. Div. 1947)