SPITZ v. LOEFFLER


161 A.D.2d 578 (1990)

Barry Spitz et al., Appellants, v. Joseph Loeffler, Sr., et al., Respondents

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

May 7, 1990


Ordered that order is affirmed, with costs.

The complaint asserted that the defendants, the Chief of Police and the former Mayor of the Village of Ocean Beach, respectively, committed abuse of process when they maliciously conspired to serve the plaintiffs with a summons for an alleged violation of the Village Zoning Code of Ocean Beach. The defendants maintain that the decision to issue the summons was discretionary and...

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