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PIEP v. BARON

133 Misc.2d 248 (1986)

Max Piep et al., Plaintiffs, v. M. Benjamin Baron, Defendant.

Civil Court of the City of New York, Trial Term, Kings County.

September 25, 1986

Attorney(s) appearing for the Case

Gellis & Mellinger (Jan Ira Gellis of counsel), for plaintiffs. M. Benjamin Baron, pro se, and Harold A. Taft for M. Benjamin Baron, defendant.

ALAN LEBOWITZ, J.

The issue to be resolved in this counterclaim is whether the filing of a lis pendens in support of an action for specific performance gives rise to a cause of action for abuse of process and malicious prosecution.

The instant proceeding arises out of a counterclaim for abuse of process and malicious prosecution interposed in the answer to the complaint for specific performance to...

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