Legal Opinion
Hornstein v. Wolf
New York Court of Appeals
Decided February 13, 1986PublishedCited by 53 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Our examination of the record persuades us, contrary to plaintiff’s belated contention, that defendant Petker did move to dismiss for failure to state a cause of action.
As to the merits of the appeal, it is evident that plaintiff has failed to plead a cause of action for either malicious prosecution or abuse of process. The cause of action for malicious prosecution is defective because of the failure specifically to plead facts sufficient to overcome the presumption of probable cause for the…
2Cases cited4 opinions
- Board of Education v. Farmingdale Classroom Teachers Ass'nNew York Court of Appeals · 1975
- Burt v. . SmithNew York Court of Appeals · 1905
- ATI, Inc. v. Ruder & Finn, Inc.New York Court of Appeals · 1977
- Phillips v. City of SyracuseNew York Court of Appeals · 1982
3Cited by53 opinions
- Bernard v. United StatesCourt of Appeals for the Second Circuit · 1994
- Facebook, Inc. v. DLA Piper LLP (US)Appellate Division of the Supreme Court of the State of New York · 2015
- Butler v. RatnerAppellate Division of the Supreme Court of the State of New York · 1994
- Santoro v. Town of SmithtownAppellate Division of the Supreme Court of the State of New York · 2007
- Fink v. Shawangunk Conservancy, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
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