Legal Opinion
Susser v. Fried
Civil Court of the City of New York
Decided September 20, 1982PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Mara T. Thorpe, J.
In this case of apparent first impression, the court is called upon to decide two issues arising out of proceedings in the Summons Part of the New York City Criminal Court. The action has been denominated by plaintiff in his note of issue as one for abuse of process, and defendant has now moved to dismiss the complaint pursuant to CPLR 3211 (subd [a], par 7) for failure to state a cause of action. The motion raises the issue of whether a “Request to Appear” in a Summons Part is process for purposes of the tort of abuse of process and, if not, whether it…
2Cases cited15 opinions
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Broughton v. StateNew York Court of Appeals · 1975
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Board of Education v. Farmingdale Classroom Teachers Ass'nNew York Court of Appeals · 1975
- Williams v. WilliamsNew York Court of Appeals · 1969
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3Cited by3 opinions
- Mangino v. Incorporated Village of PatchogueDistrict Court, E.D. New York · 2010
- Langdon v. WightMissouri Court of Appeals · 1993
- People v. StringfellowNew York Supreme Court · 1984