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MILLER v. BOLAND

208 A.D.2d 508 (1994)

616 N.Y.S.2d 793

William R. Miller et al., Appellants, v. John F. Boland et al., Respondents

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

October 3, 1994

Ordered that the order is affirmed, with costs.

The plaintiffs' contention that the actions of the defendants may have constituted an abuse of process is not properly before us, inasmuch as that claim was neither pleaded nor alleged in the court of first instance (see, Orellano v Samples Tire Equip. & Supply Corp., 110 A.D.2d 757). In any event, were we to consider the contention, we would find it to be without...

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