Leon v. Couri

Appellate Division of the Supreme Court of New York

Leon v. Couri

285 A.D.2d 493, 727 N.Y.S.2d 639

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 9, 2001

StatusPublished

This text of 285 A.D.2d 493 (Leon v. Couri) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Leon v. Couri, 285 A.D.2d 493, 727 N.Y.S.2d 639 (N.Y. Ct. App. 2001).

Pincite

Opinion

—In an action, inter alia, to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Nassau County (McCaffrey, J.), entered September 19, 2000, which granted the plaintiffs’ motion, in effect, to dismiss the counterclaims pursuant to CPLR 3211 (a) (7) for failure to state a cause of action and denied their cross motion for summary judgment on the counterclaims.

[494]*494Ordered that the order is affirmed, with costs.

It is well settled that “the institution of a civil action by summons and complaint is not legally considered process capable of being abused” (Curiano v Suozzi, 63 NY2d 113, 116). As the defendants failed to state a cause of action alleging abuse of process, their counterclaims were properly dismissed. Gold-stein, J. P., McGinity, Luciano and Crane, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In an action, inter alia, to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Nassau County (McCaffrey, J.), entered September 19, 2000, which granted the plaintiffs’ motion, in effect, to dismiss the counterclaims pursuant to CPLR 3211 (a) (7) for failure to state a cause of action and denied their cross motion for summary judgment on the counterclaims.

[494]*494Ordered that the order is affirmed, with costs.

It is well settled that “the institution of a civil action by summons and complaint is not legally considered process capable of being abused” (Curiano v Suozzi, 63 NY2d 113, 116). As the defendants failed to state a cause of action alleging abuse of process, their counterclaims were properly dismissed. Gold-stein, J. P., McGinity, Luciano and Crane, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

285 A.D.2d 493, 727 N.Y.S.2d 639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leon-v-couri-nyappdiv-2001.

Opinion

Related

Cite This Page — Counsel Stack