Levine v. Gurney

In an action to recover damages for malicious prosecution and intentional infliction of emotional distress, the defendants appeal from so much of an order and judgment (one paper) of the Supreme Court, Westchester County (Coppola, J.), dated May 21, 1987, as denied their motion for summary judgment.

Ordered that the order and judgment is modified, on the law, by deleting so much of the third decretal paragraph thereof as denied that branch of the motion which was for summary judgment dismissing the complaint insofar as it is asserted against Leslie I. Levine and substituting therefor a…