Ukekweh v City of New York

Holding The complaint against defendant Tabaroki was properly dismissed because the plaintiff failed to plead actual malice, a required element for a malicious prosecution claim. Additionally, the plaintiff’s Section 1983 claim was unpreserved and lacked evidence that the defendant acted under color of law.

The court’s words

plaintiff failed to state a cause of action for malicious prosecution as against him

2026 NY Slip Op 06567, at the official text

The complaint failed to plead actual malice, a required element in a claim of malicious prosecution

2026 NY Slip Op 06567, at the official text

Plaintiff has not shown malice by defendant, as he proffers no evidence suggesting that Tabaroki commenced a criminal proceeding for a wrong or improper motive

2026 NY Slip Op 06567, at the official text

Even if Tabaroki sought police assistance and gave the police information, that is insufficient on its own to establish liability for malicious prosecution

2026 NY Slip Op 06567, at the official text

the record contains no evidence that Tabaroki acted under color of law as a part of a conspiracy with the police to deprive plaintiff of his rights

2026 NY Slip Op 06567, at the official text