OSINOFF v. MUCHNICK


53 A.D.2d 858 (1976)

Gerald K. Osinoff et al., Appellants, v. Saul Muchnick et al., Defendants, and Myron A. Kanter et al., Doing Business as Kanter, Blodnick & Haber, Respondents

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

July 6, 1976


Order affirmed, with $50 costs and disbursements.

Plaintiffs allege that the complaint (drawn by appellants Kanter, Blodnick and Haber) in a previous action (commenced by defendants Muchnick) constituted an abuse of process. That previous action related solely to a disagreement between the parties, yet the complaint contained arguably irrelevant allegations of fraud against the State of New York. Plaintiffs claim that those allegations "were included therein for the...

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