ALBANY NY — Parting ways with state and federal appellate courts in Manhattan, the Appellate Division, Third Department on Thursday adopted a per se rule barring malicious prosecution claims unless the underlying criminal charge is decided in favor of the plaintiff on the merits.

To recover for malicious prosecution, plaintiffs must prove they received a favorable termination of the criminal action against them. An acquittal provides the clearest proof, but most intermediate appellate courts in New York have taken a more flexible approach.

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