Miller v. Ruff

Full title: STEPHEN C. MILLER et al., Respondents, v. JEAN P. RUFF et al., Appellants…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 19, 1997

240 A.D.2d 297 (N.Y. App. Div. 1997)

659 N.Y.S.2d 745

Opinion

June 19, 1997

Appeal from the Supreme Court, New York County (Louis York, J.).

The IAS Court properly determined that issues of fact exist at this stage of the proceedings with respect to the abuse of process, false arrest/imprisonment and breach of contract causes of action, precluding an award of summary judgment. However, the malicious prosecution causes of action should have been dismissed since plaintiffs failed to establish that the underlying criminal action terminated in their favor ( MacFawn v. Kresler, 88 N.Y.2d 859; Pacholka v. Kozic, 236 A.D.2d 265).

Concur — Sullivan, J.P., Rosenberger, Ellerin, Williams and Colabella, JJ.