ENGLISH v. SCHWARTZ


278 A.D. 756 (1951)

Samuel English, Respondent, v. Jacob A. Schwartz et al., as Executors of Leonard F. Natelson, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

April 11, 1951.


The allegations of the complaint do not establish the existence of any actionable claim against defendants. Viewed as an action to recover damages for abuse of process the complaint is insufficient in that the essential allegations for such an action are lacking. There is nothing in the complaint to show that the second replevin action, which was properly instituted, was perverted in order to attain an unlawful result. It does appear that the process was used for the purpose...

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