Opinion
February 5, 1959
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, CHARLES S. WHITMAN, JR., J.
Robert Meers for appellant.
Ungar Liven for respondent.
A civil suit though groundless and ill motivated does not give rise to a cause of action for its prosecution.
The orders should be reversed, with $10 costs, and motion to dismiss the second counterclaim in the answer granted.
Concur — HECHT, J.P., AURELIO and TILZER, JJ.
Orders reversed, etc.