Cantalino v. Danner

Jo-Ann Cantalino (plaintiff) and her husband (the husband), a police officer, were involved in a contested-divorce action. The husband was living with his girlfriend, Jacqueline Danner (defendant), who was also a police officer. After the husband failed to comply with orders in the divorce proceeding, Cantalino moved to have the husband held in contempt. Cantalino’s attempts to serve the husband were unsuccessful, in part because police officers thwarted Cantalino’s service attempts. The court ordered that service be made by nailing the papers to the door of the husband’s home and sending the papers by regular and certified mail. Cantalino and a process server damaged the screen door while nailing the papers to the door of the husband’s home. Danner called the police and claimed that Cantalino had pushed her and threatened her with a hammer. Cantalino was charged with assault, menacing, and possession of a weapon. The court dismissed the charges in the interest of justice because Cantalino was following a court’s order and therefore could not have had criminal intent and because continuing the prosecution would be an abuse of the criminal-justice system by police officers responsible for enforcing the law. Cantalino sued Danner for malicious prosecution. Danner’s motion for summary judgment was denied. The New York Appellate Division reversed, holding that a dismissal in the interest of justice was not a judicial determination of Cantalino’s innocence on the merits. Cantalino appealed.