CARDY v. MAXWELL


9 Misc.2d 329 (1957)

Vernon G. Cardy, Plaintiff, v. Robert E. Maxwell et al., Individually and as Copartners Doing Business under the Name of Maxwell and Burke et al., Defendants.

Supreme Court, Special Term, New York County.

November 27, 1957.


Attorney(s) appearing for the Case

Sydney J. Schwartz for plaintiff.

Menahem Stim and Allen S. Stim for defendants.


SAUL S. STREIT, J.

The first cause of action is claimed, in plaintiff's brief, to be one for abuse of process. It does not attempt to plead a termination, in plaintiff's favor, of the action for fraud and deceit commenced against him by his wife, which would be a necessary requirement of a cause of action for malicious prosecution. Nor are the words claimed to be defamatory of plaintiff pleaded in haec verba...

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