AMETCO, LTD. v. BELTCHEV


5 A.D.2d 631 (1958)

Ametco, Ltd., Respondent, v. Koitcho Beltchev et al., Appellants

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

May 27, 1958.


Attorney(s) appearing for the Case

Nicholas R. Doman of counsel (Doman & Van Hemstra, attorneys), for appellants.

Anthony B. Cataldo for respondent.

BOTEIN, P. J., RABIN, McNALLY and BERGAN, JJ., concur.


STEVENS, J.

This is an appeal by defendants from an order denying their motion to dismiss the complaint for legal insufficiency (Rules Civ. Prac., rule 106).

The defendants assert the complaint fails to state a cause of action for abuse of process as plaintiff contends, and argue further that the complaint cannot be sustained as an action for prima facie tort.

The plaintiff takes the position that...

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