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MASTIC FUEL SERV., INC. v. VAN COOK

55 A.D.2d 599 (1976)

Mastic Fuel Service, Inc., Respondent, v. Donald F. Van Cook et al., Individually and as Partners Doing Business under the Name of Kelly, Luglio & Van Cook, et al., Appellants

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

December 6, 1976

Order affirmed, without costs or disbursements.

Plaintiff's complaint sufficiently established a cause of action for malicious prosecution and abuse of process. The defendants were given notice of the transactions to be proved and of the material elements of each cause of action (see CPLR 3013). Attorneys' fees are recoverable as a measure of damages in tort actions where malice is an element of the tort (see 13 NY Jur, Damages...

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