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E & V CHECK CASHING PAYROLL SERVS., INC. v. BRODSKY

201 A.D.2d 610 (1994)

607 N.Y.S.2d 965

E & V Check Cashing Payroll Services, Inc., et al., Appellants, v. Stuart Brodsky et al., Defendants, and Richard N. Tannenbaum, Respondent

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

February 22, 1994

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Queens County, for a de novo determination of the motion and cross motion.

In December 1990, the plaintiffs commenced the instant action against the defendants in the Supreme Court, Queens County, alleging, inter alia, intentional infliction of emotional distress and abuse of process. In January 1991 the plaintiffs

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