Legal Opinion
Miller v. Boland
Appellate Division of the Supreme Court of the State of New York
Decided October 3, 1994PublishedCited by 1 opinion
1Opinion of the Court
In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Smith, J.), dated December 15, 1992, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiffs’ contention that the actions of the defendants may have constituted an abuse of process is not properly before us, inasmuch as that claim was neither pleaded nor alleged in the court of first instance (see, Orellano v Samples Tire Equip. & Supply Corp., 110 AD2d 757). In…
2Cases cited8 opinions
- Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
- Curiano v. SuozziNew York Court of Appeals · 1984
- Board of Education v. Farmingdale Classroom Teachers Ass'nNew York Court of Appeals · 1975
- Heard v. City of New YorkNew York Court of Appeals · 1993
- Orellano v. Samples Tire Equipment & Supply Corp.Appellate Division of the Supreme Court of the State of New York · 1985
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3Cited by1 opinion
- Monroe v. RandoneAppellate Division of the Supreme Court of the State of New York · 1996