ALUMINUM MILL SUPPLY CORP. v. LARKIN


129 A.D.2d 542 (1987)

Aluminum Mill Supply Corporation, Respondent, v. Edwin M. Larkin et al., Appellants

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

April 6, 1987


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the branch of the defendants' motion which was to dismiss the plaintiff's first cause of action is granted.

The cause of action to recover damages for abuse of process was not sufficiently supported by the plaintiff's allegation that the defendants' service of the summonses with notice upon the Secretary of State was calculated to deprive the plaintiff corporation of notice of...

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