Goldstein v. Siegel
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBbeitel, J.
Plaintiffs appeal from order dismissing complaint for legal insufficiency. It contains three causes of action, the first for abuse of legal process, the second for false arrest, and the third for malicious prosecution. Each of the causes of action is insufficient and the order should be affirmed but with further leave to plaintiffs to serve an amended complaint.
It is true, as plaintiffs argue, that a cause of action for abuse of legal process may lie upon allegations and a showing that defendants had proceeded “solely” to compel plaintiffs to withdraw a criminal proceeding then pending…
2Cases cited14 opinions
- Hauser v. BartowNew York Court of Appeals · 1937
- Kalmanash v. SmithNew York Court of Appeals · 1943
- Marks v. . TownsendNew York Court of Appeals · 1885
- Green v. . DaviesNew York Court of Appeals · 1905
- Hopkinson v. Lehigh Valley R.R. Co.New York Court of Appeals · 1928
9 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Kashi v. GratsosCourt of Appeals for the Second Circuit · 1986
- Grove Press, Inc. v. James J. Angleton, William E. Colby and Raymond RoccaCourt of Appeals for the Second Circuit · 1981
- National Westminster Bank USA v. WekselAppellate Division of the Supreme Court of the State of New York · 1987
- Newburger, Loeb & Co. v. GrossCourt of Appeals for the Second Circuit · 1977
- ABKCO Industries, Inc. v. LennonAppellate Division of the Supreme Court of the State of New York · 1976
47 more not listed; retrieve them via the Exa API.