BELSKY v. LOWENTHAL


47 N.Y.2d 820 (1979)

Marvin S. Belsky, Appellant, v. Ilona Lowenthal et al., Respondents.

Court of Appeals of the State of New York.

Decided May 31, 1979.


Attorney(s) appearing for the Case

Lester J. Tanner, Anders R. Sterner and Lawrence S. Yee for appellant.

Robert Markewich for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The first and third causes of action sounding in malicious prosecution were properly dismissed inasmuch as neither contains any allegation of interference with plaintiff's person or property (Drago v Buonagurio, 46 N.Y.2d 778; Williams v Williams, 23 N.Y.2d 592). The fourth cause of action, characterized by appellant in our court as alleging a claim for prima facie or intentional tort, was likewise properly dismissed by the Appellate Division for the reasons stated in the opinion of Mr. Justice HERBERT B. EVANS. (Cf. Drago v Buonagurio, supra; Fischer v Maloney, 43 N.Y.2d 553, 557-558.)

Order affirmed.


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