WebJun 29, 1987 · We further find that the plaintiff has failed to set forth the elements of a cause of action to recover for abuse of process (see, Curiano v Suozzi, 63 N.Y.2d 113). The … WebHere, since the complaint does not allege that the defendant made any improper use of the order of protection after it was issued, it fails to state a cause of action alleging abuse of …
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WebSep 28, 2024 · Abuse of process has three essential elements: (1) regularly issued process, either civil or criminal, (2) an intent to do harm without excuse or justification, and (3) use of the process in a perverted manner to obtain a collateral objective ( Curiano v Suozzi, 63 NY2d 113, 116, 469 NE2d 1324, 1326 [1984]). WebOrder, Supreme Court, New York County (Edwards, J.), entered January 13, 1984, which, inter alia, denied defendants' motion to dismiss the second cause of action, is unanimously reversed, on the law, to the extent appealed from, and the motion to dismiss the second cause of action is granted without prejudice to plaintiffs to apply in Special Term, within … assassin\u0027s game
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WebJun 4, 2024 · The proposed amended pleading fails to state a cause of action for abuse of process (see Curiano v Suozzi, 63 N.Y.2d 113, 116 [1984]). Defendant commenced two family offense proceedings based on separate incidents in which plaintiff allegedly hit her, verbally abused her, and threatened to shoot her. WebOrder, Supreme Court, New York County (Edwards, J.), entered January 13, 1984, which, inter alia, denied defendants' motion to dismiss the second cause of action, is … WebHere, the Plaintiffs have not demonstrated that Ms. Margolis employed such process without justification (Curiano v Suozzi, 62 NY2d 113 [1984], supra). As noted above, the affirmation of Defendant's counsel and the affidavit of the Defendant clearly evidence that with respect to the legal malpractice action and the proceedings attendant thereto ... la moon thai cuisine