Separate and apart from case pendent sanctions for bringing knowingly untrue claims or for vexatiously multiplying legal proceedings,New Jersey recognizes a common law counter-action for malicious prosecution arising from an underlying civil proceeding. In LoBiondo v. Schwartz, 970 A.2d 1007 (N.J. 2009), the New Jersey Supreme Court held that “malicious use of process” is the analog of “malicious prosecution,” except malicious use of process is denominated when the offending action in question is civil rather than criminal.
At base, an action in malicious use requires the plaintiff to prove:
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