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CLARK v. MacKAY

97 A.D.2d 394 (1983)

Samuel Clark, Jr., et al., Appellants, v. David MacKay, Jr., et al., Respondents, et al., Defendants

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

October 3, 1983

Judgment affirmed.

Respondents are awarded one bill of costs. To the extent that the action was against the attorneys for David MacKay, Jr., it failed to state a cause of action. (See Drago v Buonagurio, 46 N.Y.2d 778.) As to defendant David MacKay, Jr., a necessary element of an action for malicious prosecution of a civil proceeding is that the original proceeding caused interference...

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