Legal Opinion
Beninati v. Nicotra
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 1997PublishedCited by 10 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Leland De-Grasse, J.), entered February 29, 1996, which granted defendant-respondent’s motion for summary judgment dismissing the complaint as against him as barred by res judicata and imposed sanctions against plaintiff, unanimously affirmed, with costs.
The complaint was properly dismissed on the ground that, styled as one for abuse of process, it adds nothing new of substance to plaintiff’s previous complaint that, styled as one for malicious prosecution, was dismissed for failure to state a cause of action (see, Schneider v David, 197 AD2d 363). "[I]t…
2Cases cited5 opinions
- Gallagher v. Directors Guild of America, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- Cunningham v. StateNew York Court of Appeals · 1981
- Hansen v. PetroneAppellate Division of the Supreme Court of the State of New York · 1986
- Schneider v. DavidAppellate Division of the Supreme Court of the State of New York · 1993
- Papa v. BurrowsAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by10 opinions
- Vasile v. Dean Witter Reynolds Inc.District Court, E.D. New York · 1998
- 10 Ellicott Square Court Corp. v. Violet Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Honzawa v. HonzawaAppellate Division of the Supreme Court of the State of New York · 2000
- Dobies v. BrefkaAppellate Division of the Supreme Court of the State of New York · 1999
- Benyo v. SikorjakAppellate Division of the Supreme Court of the State of New York · 2008
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