Psi Metals, Inc., and D. Christopher McDermott v. Firemen's Insurance Company of Newark, New Jersey

This appeal presents the question whether our interpretation of the elements of an abuse of process claim under New York law in Alexander v. Unification Church of America, 634 F.2d 673, 677-78 (2d Cir.1980), remains valid after the intervening decision of the New York Court of Appeals in Curiano v. Suozzi, 63 N.Y.2d 113, 469 N.E.2d 1324, 480 N.Y.S.2d 466 (1984). Because we agree with the district court that it does not, we affirm.

Plaintiff-appellant Christopher McDer-mott is a principal shareholder in appellant PSI Metals, Inc., as well as in another corporation, Phelps Steel, Inc.…