Summary Judgment for Michael T. Colavecchio in Malicious Prosecution Case

Lewis Johs Partner Michael T. Colavecchio obtained summary judgment in favor of his client in the Supreme Court, Suffolk County on October 2, 2017 in a case involving claims of malicious prosecution and interference with prospective business advantage.

The case involved the criminal prosecution of plaintiff, a former employee of Mr. Colavecchio’s client.  The employee removed confidential computer files from the client’s computer system as she was leaving to work for a competitor.  Mr. Colavecchio’s client reported the matter to the District Attorney’s office, which eventually arrested and prosecuted the plaintiff.  However, the criminal matter was  dismissed on procedural grounds.  The plaintiff brought the civil action contending that the former employer gave false information to the District Attorney’s office in an attempt to gain a business advantage over the plaintiff.

Four of the seven causes of action were dismissed upon Mr. Colavecchio’s pre-answer motion to dismiss.  After years of litigation, the court granted the defendant’s motion for summary judgment on the remaining causes of action.


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