Piep v. Baron

OPINION OF THE COURT

Alan Lebowitz, J.

The issue to be resolved in this counterclaim is whether the *249filing of a lis pendens in support of an action for specific performance gives rise to a cause of action for abuse of process and malicious prosecution.

The instant proceeding arises out of a counterclaim for abuse of process and malicious prosecution interposed in the answer to the complaint for specific performance to enforce a sale of real property.

The facts are as follows:

Plaintiffs and defendant entered into a contract for the sale of premises 221-227 East 5th Street, Brooklyn, New York.…