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BARRIER GASOLINE SERV., INC. v. SHORELINE OIL CO., INC.

126 A.D.2d 692 (1987)

Barrier Gasoline Service, Inc., Respondent, v. Shoreline Oil Company, Inc., Appellant, et al., Defendants

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

January 26, 1987

Ordered that the orders are affirmed, with one bill of costs.

The appellant contends that the counterclaim which it asserted in its amended verified answer states facts sufficient to constitute a cause of action for abuse of process. Even presuming that the appellant's allegations are true, as we must on a motion to dismiss (see, Curiano v Suozzi, 63 N.Y.2d 113, 116;

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