You are here: / / MALICIOUS PROSECUTION AND ABUSE OF PROCESS CAUSES OF ACTION NOT SUFFICIENTLY...
,

MALICIOUS PROSECUTION AND ABUSE OF PROCESS CAUSES OF ACTION NOT SUFFICIENTLY PLED.

In finding the pleading insufficient for malicious prosecution and abuse of process causes of action, the Fourth Department explained the flaws:

Where, as here, the underlying action is civil in nature, the party alleging a claim for malicious prosecution must allege a special injury … . In the instant case, defendant “fail[ed] to plead that the civil proceeding involved wrongful interference with [his] person or property” … . Instead, defendant alleged damages amounting to “the physical, psychological or financial demands of defending a lawsuit,” which is insufficient to constitute a special injury for a claim of malicious prosecution … .

To the extent that defendant contends that the second counterclaim is for abuse of process and not malicious prosecution, we conclude that it must still be dismissed as well. “Insofar as the only process issued [here] was a summons, the process necessary to obtain jurisdiction and begin the lawsuit, there was no unlawful interference with [defendant’s] person or property because the institution of a civil action by summons and complaint is not legally considered process capable of being abused” … . Defendant alleges that plaintiff acted maliciously in bringing the action, but “[a] malicious motive alone . . . does not give rise to a cause of action for abuse of process” … . Reszka v Collins, 2016 NY Slip Op 00807, 4th Dept 2-5-16

MALICIOUS PROSECUTION (WHERE UNDERLYING ACTION IS CIVIL, SPECIAL INJURY MUST BE PLED)/ABUSE OF PROCESS (MALICIOUS  MOTIVE ALONE DOES NOT GIVE RISE TO THE CAUSE OF ACTION)

 

You might also like
FAMILY COURT DID NOT GIVE RESPONDENT ANY TIME TO PREPARE FOR THE CHILD SUPPORT HEARING AND INDICATED SHE HAD PREDETERMINED THE OUTCOME; ORDER REVERSED (FOURTH DEPT).
Request for Missing-Witness Jury Instruction Should Have Been Granted—Prosecutor’s Statement that the Witness Would Exercise His Fifth Amendment Privilege Against Self-Incrimination Not Enough to Demonstrate Witness’ Unavailability
Evidence Sufficient to Demonstrate No Constructive Notice of Ice on Step
Malicious Prosecution Action Against County, Medical Examiner and District Attorney Survived Motion to Dismiss/Prosecutorial and Governmental Immunity Doctrines Explained
DEFENDANT ENTITLED TO DEMONSTRATE SHE WOULD NOT HAVE PLED GUILTY HAD SHE BEEN INFORMED OF THE DEPORTATION CONSEQUENCES, THE ISSUE SURVIVES THE WAIVER OF APPEAL AND THE FAILURE TO PRESERVE (FOURTH DEPT).
NO SHOWING A REASONABLE RETURN ON THE PROPERTY WAS NOT POSSIBLE WITH A CONFORMING USE, USE VARIANCE SHOULD NOT HAVE BEEN GRANTED.
THE MERE PRESENCE OF A REINSTATEMENT CLAUSE IN THE MORTGAGE, WHICH ESSENTIALLY ALLOWS A BORROWER IN DEFAULT TO PAY THE ARREARS AND STOP THE ACCELERATION OF THE DEBT, DOES NOT AFFECT OR IMPEDE THE ACCELERATION OF THE DEBT WHEN A FORECLOSURE ACTION IS STARTED; THE DEBT HERE WAS ACCELERATED WHEN THE FIRST FORECLOSURE ACTION WAS COMMENCED IN 2009 RENDERING THE INSTANT FORECLOSURE ACTION TIME-BARRED (FOURTH DEPT).
Evidence Needed to Corroborate Accomplice Testimony and Evidence Admissible at Restitution Hearing Explained

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

PETITIONERS DID NOT HAVE STANDING TO SEEK ANNULMENT OF A NEGATIVE DECLARATION... DEFENDANT-LANDLORD SHOULD NOT HAVE BEEN GRANTED SUMMARY JUDGMENT IN THIS LEAD-PAINT-INJURY...