Gaines v. Gaines

Lazer, J. P.,

dissents and votes to reverse the order appealed from and deny the motion to dismiss, with the following memorandum: My colleagues are holding that in this State there is no remedy for wrongful execution unless the victim can demonstrate malice. In this case, without benefit of a money judgment that could authorize execution upon or restraint of plaintiff’s property, the defendant Hersh issued execution and restraining notices which tied up plaintiff’s funds and restricted payment of his salary.

Affirming dismissal of the suit for failure to state a cause of action, my colleagues…