Freidberg

In this action for malicious prosecution, plaintiff appeals from a summary judgment entered on motion of defendant. The sole issue on appeal is whether the action allegedly prosecuted maliciously by defendants was terminated favorably to plaintiffs and appellants. We conclude it is not and shall therefore affirm.

The instant action is the third in a series of related lawsuits which began with a case entitled Ritter v. Bard. Taggert Ingraham is an attorney and a defendant in the action in which this appeal is taken. Ingraham represented Ritter in an action by Ritter against Dr. Bard for medical malpractice. Ingraham and Ritter entered into a contingent fee contract, whereby Ingraham would receive as attorney’s fees 50 percent of any recovery by Ritter. Edward Freidberg is an attorney experienced in medical malpractice litigation and is a plaintiff in the action in which this appeal is taken. Freidberg accepted Ingraham’s offer to act as cocounsel in the Ritter lawsuit. Thereafter the Ritter medical malpractice action was settled, resulting in attorney’s fees in the amount of $86,000.

When Freidberg and Ingraham could not agree on a division of fees, Ingraham brought an…