Pomeranz v. Bourla

Appellate Division of the Supreme Court of New York

Pomeranz v. Bourla

257 A.D.2d 516, 684 N.Y.S.2d 527, 1999 N.Y. App. Div. LEXIS 712

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

DecidedJanuary 26, 1999

StatusPublished

Cited by2 cases

This text of 257 A.D.2d 516 (Pomeranz v. Bourla) 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

Pomeranz v. Bourla, 257 A.D.2d 516, 684 N.Y.S.2d 527, 1999 N.Y. App. Div. LEXIS 712 (N.Y. Ct. App. 1999).

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Opinion

—Order, Supreme Court, New York County (Alice Schlesinger, J.), entered March 10, 1998, which, to the extent appealed from, denied plaintiffs’ motion to dismiss the defendant’s counterclaim for malicious abuse of process, unanimously reversed, on the law, without costs, the motion granted and the counterclaim dismissed. The Clerk is directed to enter judgment accordingly.

The complaint was issued and used for its intended purpose, i.e., the recovery of $120,000 from defendant. Mere service of a summons and complaint “is not legally considered process capable of being abused [citation omitted]” and, thus there was no “unlawful interference with [defendant’s] person * * * or property” (Curiano v Suozzi, 63 NY2d 113, 116; Williams v Williams, 23 NY2d 592, 596). Concur—Sullivan, J. P., Nardelli, Williams and Andrias, JJ.

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—Order, Supreme Court, New York County (Alice Schlesinger, J.), entered March 10, 1998, which, to the extent appealed from, denied plaintiffs’ motion to dismiss the defendant’s counterclaim for malicious abuse of process, unanimously reversed, on the law, without costs, the motion granted and the counterclaim dismissed. The Clerk is directed to enter judgment accordingly.

The complaint was issued and used for its intended purpose, i.e., the recovery of $120,000 from defendant. Mere service of a summons and complaint “is not legally considered process capable of being abused [citation omitted]” and, thus there was no “unlawful interference with [defendant’s] person * * * or property” (Curiano v Suozzi, 63 NY2d 113, 116; Williams v Williams, 23 NY2d 592, 596). Concur—Sullivan, J. P., Nardelli, Williams and Andrias, JJ.

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Bluebook (online)

257 A.D.2d 516, 684 N.Y.S.2d 527, 1999 N.Y. App. Div. LEXIS 712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pomeranz-v-bourla-nyappdiv-1999.

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