Tepler v. Cohen

Full title: MARCIA TEPLER, Plaintiff-Appellant, v. MARVIN COHEN, ATRIA COMMUNITIES…

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

Date published: Jan 7, 2009

2009 N.Y. Slip Op. 50012 (N.Y. Sup. Ct. 2009)

880 N.Y.S.2d 227

Opinion

570926/07.

Decided on January 7, 2009.

Plaintiff appeals from an order of the Small Claims Part of the Civil Court of the City of New York, New York County (Geoffrey D. Wright, J.), dated May 15, 2007, which granted defendants' motion to dismiss the action.

Order (Geoffrey D. Wright, J.), dated May 15, 2007, affirmed, without costs.

PRESENT: McKeon, P.J., Heitler, J.

PER CURIAM.

Plaintiff's claims for malicious prosecution and abuse of process were properly dismissed since the underlying nuisance holdover proceeding, settled by so-ordered stipulation, did not terminate favorably to plaintiff ( see Colon v City of New York, 60 NY2d 78), and "the institution of an action is not process capable of being abused" ( Roberts v 112 Duane Assoc. LLC, 32 AD3d 366, 368, lv denied 8 NY3d 815). Thus, the dismissal of this small claims action achieved "substantial justice" consistent with substantive law principles (CCA 1807).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.