Marwood Mechanical, Inc. v. Davis & Warshow, Inc.

Appellate Division of the Supreme Court of New York

Marwood Mechanical, Inc. v. Davis & Warshow, Inc.

50 A.D.2d 900, 377 N.Y.S.2d 547, 1975 N.Y. App. Div. LEXIS 11805

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

DecidedDecember 29, 1975

StatusPublished

This text of 50 A.D.2d 900 (Marwood Mechanical, Inc. v. Davis & Warshow, Inc.) 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

Marwood Mechanical, Inc. v. Davis & Warshow, Inc., 50 A.D.2d 900, 377 N.Y.S.2d 547, 1975 N.Y. App. Div. LEXIS 11805 (N.Y. Ct. App. 1975).

Pincite

Opinion

— In an action to recover damages for abuse of process, defendants appeal from so much of an order of the Supreme Court, Westchester County, entered August 20, 1975, as denied their motion to dismiss the complaint for failure to state a cause of action. Order affirmed insofar as appealed from, without costs. The complaint is legally sufficient in that it alleges that the process was issued for a collateral purpose, to wit, to inflict substantial damage upon plaintiff’s business and to obtain some of its valuable trade secrets (see Hauser v Bartow, 273 NY 370, 374). Hopkins, Acting P. J., Cohalan, Christ, Brennan and Munder, JJ. concur.

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— In an action to recover damages for abuse of process, defendants appeal from so much of an order of the Supreme Court, Westchester County, entered August 20, 1975, as denied their motion to dismiss the complaint for failure to state a cause of action. Order affirmed insofar as appealed from, without costs. The complaint is legally sufficient in that it alleges that the process was issued for a collateral purpose, to wit, to inflict substantial damage upon plaintiff’s business and to obtain some of its valuable trade secrets (see Hauser v Bartow, 273 NY 370, 374). Hopkins, Acting P. J., Cohalan, Christ, Brennan and Munder, JJ. concur.

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Bluebook (online)

50 A.D.2d 900, 377 N.Y.S.2d 547, 1975 N.Y. App. Div. LEXIS 11805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marwood-mechanical-inc-v-davis-warshow-inc-nyappdiv-1975.

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