Haggerty v. Law Office of Carole A. Burns

Full title: ROBERT H. HAGGERTY, Appellant, v. LAW OFFICE OF CAROLE A. BURNS et al.…

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

Date published: Nov 17, 1997

244 A.D.2d 458 (N.Y. App. Div. 1997)

665 N.Y.S.2d 913

Opinion

November 17, 1997

Appeal from the Supreme Court, Nassau County (Kutner, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff failed to raise triable issues of fact which regard to his cause of action to recover damages for abuse of process ( see, Board of Educ. v. Farmingdale Classroom Teachers Assn., 38 N.Y.2d 397, 403; Aluminum Mill Supply Corp. v. Larkin, 129 A.D.2d 542; Bohm v. Holzberg, 47 A.D.2d 764). Accordingly, the Supreme Court properly denied the plaintiff's motion for summary judgment and granted the defendants' cross motion for summary judgment.

Rosenblatt, J. P., Copertino, Goldstein and Luciano, JJ., concur.