Kaplan v. Simone Bros. Auto Body, Inc.

In an action to recover damages for malicious prosecution, abuse of process and prima facie tort, plaintiff appeals from so much of an order of the Supreme Court, Westchester County, entered April 19, 1979, as granted the branch of defendant’s motion which sought dismissal of the *864complaint for failure to state a cause of action. Order reversed insofar as appealed from, on the law, without costs or disbursements, and motion to dismiss the complaint for failure to state a cause of action denied. Defendant’s time to answer is extended until 20 days after service upon it of a copy of the order to…