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VOYTKO v. RAMADA INN OF ATLANTIC CITY

Civ. A. Nos. 76-0142 and 76-0685.

445 F.Supp. 315 (1978)

Frederick J. VOYTKO and Janet G. Voytko, Plaintiffs, and Ronald R. Ryan and Barbara E. Ryan, Plaintiffs, v. RAMADA INN OF ATLANTIC CITY, Raymond Ginnetti, Edward I. Feinberg and Isaac C. Ginsburg, Individually and as partnership known and identified as Feinberg and Ginsburg, Jeffrey L. Gold, Ben Polk, Adolphus Young and Harold Tyner, Defendants.

United States District Court, D. New Jersey.

January 31, 1978.

Attorney(s) appearing for the Case

Evans, Koelzer, Marriott & Osborne by George Koelzer, and Joel N. Kreizman, Rumson, N. J., for plaintiffs Voytko.

William J. Gearty, Spring Lake, N. J., for plaintiffs Ryan.

Horn, Weinstein, Kaplan & Goldberg by Howard A. Goldberg, Atlantic City, N. J., for defendants Ramada Inn, Ginnetti, Feinberg, Ginsburg, and Feinberg and Ginsburg, and Gold.

OPINION ON MOTION TO DISMISS

GERRY, District Judge.

In these consolidated actions, plaintiffs Frederick Voytko and his wife Janet, and Ronald Ryan and his wife Barbara, allege that the defendants combined to maliciously prosecute Voytko and Ryan for failing to pay a hotel bill, depriving plaintiffs of civil rights under 42 U.S.C. §§ 1983 and 1985(3) (1970), and committing common law torts of malicious prosecution and malicious use of process, ...

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