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FOUR STAR STAGE LIGHTING, INC. v. MERRICK

56 A.D.2d 767 (1977)

Four Star Stage Lighting, Inc., et al., Respondents, v. David Merrick et al., Appellants

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

March 10, 1977

In determining whether a particular cause of action states a valid basis for relief, the averments in the cause must be viewed most favorably to the plaintiff. The gravamen of an action for abuse of process is willfully using legal process for a purpose not justified by law and to effect an object not within its proper scope (1 NY Jur, Abuse of Process, § 3, p 56). The first and second causes allege, inter alia, that...

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