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BELSKY v. LOWENTHAL

62 A.D.2d 319 (1978)

Marvin S. Belsky, Appellant-Respondent, v. Ilona Lowenthal, Respondent-Appellant; Karl Lowenthal, Respondent

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

May 11, 1978

Attorney(s) appearing for the Case

Lester J. Tanner of counsel (Anders R. Sterner with him on the brief; Tanner & Gilbert, P. C., attorneys), for appellant-respondent.

Robert Markewich of counsel (Markewich Rosenhaus Markewich & Friedman, P. C., attorneys), for respondent-appellant and respondent.

SILVERMAN, J. P., FEIN, LYNCH and SANDLER, JJ., concur.

EVANS, J.

This is an action by plaintiff, a medical doctor, against a former patient and her husband. Defendants had sought a recovery of plaintiff in a prior action for alleged malpractice. The action was discontinued with prejudice by stipulation. Plaintiff now seeks recovery for malicious prosecution and for prima facie tort.

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