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FRANK v. COE

51 A.D.2d 992 (1976)

Louis J. Frank et al., Appellants, v. Robert I. Coe et al., Respondents

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

March 8, 1976

Appeal from the decision dismissed, without costs or disbursements. No appeal lies from a decision. Order affirmed, without costs or disbursements.

"`The gist of the action for abuse of process lies in the improper use of process after it is issued'" (Hauser v Bartow, 273 N.Y. 370, 373). Plaintiffs are in effect complaining of the institution of an action against them and not of any wrong committed in the execution of process during the course of that suit...

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