HORNSTEIN v. WOLF


67 N.Y.2d 721 (1986)

Rosalynd Hornstein, Appellant, v. Edward H. Wolf et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided February 13, 1986.


Attorney(s) appearing for the Case

Henry Conan Caron for appellant.

David B. Horowitz, respondent pro se, and for Edward H. Wolf and another, respondents.

Peter L. Contini for Herbert Nason and another, respondents.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


MEMORANDUM.

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

Our examination of the record persuades us, contrary to plaintiff's belated contention, that defendant Petker did move to dismiss for failure to state a cause of action.

As to the merits of the appeal, it is evident that plaintiff has failed to plead a cause of action for either malicious prosecution or abuse of process. The cause...

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