ALBANY — In the latest of a series of decisions addressing the standard for maintaining a malicious prosecution action, an upstate appellate panel has held that a Honduran lawyer prosecuted by an over-reaching attorney general cannot sustain a claim against the state.
Last week, the Appellate Division, Third Department, upheld a fairly rigorous prerequisite even though some commentators had suggested that the bar for successfully pursuing a malicious prosecution claim had been significantly lowered by the Court of Appeals in Smith-Hunter v. Harvey, 95 NY2d 191.
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