X-Act Contracting Corp. v. Flanders

Order, Supreme Court, New York County (Debra A. James, J.), entered December 21, 2015, which, to the extent appealed from as limited by the briefs, granted the motions of defendants Susan Flanders and Kenneth L. Kutner and Kenneth L. Kutner d/b/a Law Offices of Kenneth L. Kutner (together, Kutner) to dismiss the abuse of process cause of action against them, unanimously modified, on the law, to deny the Kutner defendants’ motion, and otherwise affirmed, without costs.

The doctrine of res judicata does not bar the abuse of process claim at issue, since X-Act’s claims do not arise “out of the…