Yohay v. De Walle

In an action, inter alia, to recover a penalty due to the defendant’s failure to execute and file a satisfaction piece, the defendant appeals *676from an order of the Supreme Court, Nassau County (Murphy, J.), dated September 27, 1988, which denied its motion for summary judgment.

Ordered that the order is modified, on the law, (1) by deleting therefrom the provision which denied those branches of the defendant’s motion which were to dismiss the causes of action sounding in prima facie tort and abuse of process and for a mandatory injunction compelling the defendant to execute and file a…