Smith-Hunter v. Harvey

In Smith-Hunter v. Harvey, 95 N.Y.2d 191 (N.Y. 2000) the plaintiff, Andrea Smith-Hunter, parked her vehicle in a private lot near the downtown Albany office of defendant's law firm, in a parking space specifically reserved for defendant Jonathan Harvey. Id. at 193. When she later returned to her vehicle, the plaintiff noticed that her car had been blocked in by another vehicle. Id. Thereupon, the plaintiff entered the reception area where she requested that the car be moved. Id. An argument with defendant Harvey ensued, when he refused to move his car, at which time the defendant physically escorted the plaintiff out of the office. Id. While exiting, the plaintiff fell down a nine-stop stairway to the sidewalk pavement and was taken by ambulance to the hospital where she underwent surgery. Id. On the same day, defendant Harvey filed charges against the plaintiff for trespass, and several days later, plaintiff swore to a complaint charging the defendant with third-degree assault, alleging that he had "recklessly caused her to fall down stairs and fracture a bone in her knee." Id. After the court's dismissal of defendant's trespass claim for the prosecution's failure to respond, the plaintiff filed an action against the defendant Harvey for malicious prosecution. Id. at 194. The trial court granted defendant's motion for summary judgment on the ground that dismissal of the criminal proceedings under CPL 30.30 did not constitute a "favorable termination." Id. at 194-95. However, the Court of Appeals reversed, holding that "a termination is not favorable to the accused, additionally, if the charge is withdrawn or the prosecution abandoned pursuant to a compromise with the accused." Id. at 196.