Bornstein v. Levine

Order, following reargument, denying motion to dismiss the first and second causes of action in the complaint modified, on the law, to dismiss the second cause of action as insufficient, with leave to replead, and the order is otherwise affirmed, with costs to appellant. The first cause of action is sufficient because it depends upon processes, to wit, executions, issued without prior judicial approval, which were void, as eventually resolved by the courts (Levine v. Bornstein, 4 N Y 2d 241). The second cause of action, however, is insufficient. It depends upon the issuance of third-party…