PORTERFIELD v. SAFFAN


7 A.D.2d 987 (1959)

Robert Porterfield et al., Respondents, v. Samuel Saffan, Appellant

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

March 31, 1959


Order unanimously modified, on the law, so as to dismiss the first cause of action, and, as so modified, affirmed, without costs.

The acts alleged in the first cause of action do not constitute malicious prosecution or abuse of process. In order to avoid discouraging free resort to the courts for the resolution of controversies, considerations of public policy have resulted in restricting the instances in which the mere bringing of a lawsuit by one party lays the...

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