O'Connell v. Luebs
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for malicious prosecution, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Dunn, J.), dated July 16, 1998, as granted the defendants’ cross motion to dismiss the complaint pursuant to CPLR 3211.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court dismissed the complaint on the ground that the plaintiff failed to name necessary parties. We agree that the complaint should be dismissed, but on a different ground. “It is well settled in this State’s jurisprudence…
2Cases cited3 opinions
- Du Chateau v. Metro-North Commuter RailroadAppellate Division of the Supreme Court of the State of New York · 1999
- DeFilippo v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1992
- Schiffren v. KramerAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by6 opinions
- Levy v. GrandoneAppellate Division of the Supreme Court of the State of New York · 2005
- Paisley v. Coin Device Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Goddard v. DalyAppellate Division of the Supreme Court of the State of New York · 2002
- Tzambazis v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
- Perez v. Charter One FSBAppellate Division of the Supreme Court of the State of New York · 2002
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