Prima Facie Case Of Malicious Suspension

No. Under the New York Law, in order to have a prima facie case of malicious prosecution, the accused must establish the following four elements: (1) the termination in favor of the accused; (2) the commencement or continuation of the criminal proceeding by the accuser; (3) the accuser’s lack of probable cause; and (4) the accuser’s malice. An adjournment in contemplation of dismissal (“ACD”) does not qualify as a favorable termination for Carmella Soprano because the charge gets dismissed with her compromise with Dennis Beck. If Soprano gets an alternative termination that is favorable, she has a case for she meets the other elements of malicious