Opinion
2001-05823
Argued June 13, 2002.
August 26, 2002.
In an action, inter alia, to recover damages for malicious prosecution, the plaintiffs appeal from an order of the Supreme Court, Kings County (Harkavy, J.), dated May 8, 2001, which granted the defendants' motion for summary judgment dismissing the complaint.
Goetz Fitzpatrick Most Bruckman, LLP, New York, N.Y. (Howard M. Rubin and Ellen August of counsel), for appellants.
Friedberg Raven, LLP, New York, N.Y. (Eric Hack of counsel), for respondents.
Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM D. FRIEDMANN, LEO F. McGINITY, HOWARD MILLER, JJ.
ORDERED that the order is affirmed, with costs.
In the instant action, inter alia, to recover damages for malicious prosecution and abuse of process, the plaintiff Daniel Mangano alleges that the defendants maliciously instigated a criminal prosecution against him without proper investigation and that the defendants maliciously continued to seek his prosecution with the sole intent of causing him harm. After the defendants made out a prima case for summary judgment, the plaintiffs failed to raise any triable issue of fact either as to the defendants' malicious intent (see Berliner v. Burton, 283 A.D.2d 451) or as to the defendants' intent to harm him or to use process improperly to obtain a collateral objective (see Curiano v. Suozzi, 63 N.Y.2d 113, 116).
Additionally, the Supreme Court properly granted summary judgment dismissing the causes of action for defamation, intentional infliction of emotional distress, and conversion.
O'BRIEN, J.P., FRIEDMANN, McGINITY and H. MILLER, JJ., concur.