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MILLER v. RUFF

240 A.D.2d 297 (1997)

659 N.Y.S.2d 745

Stephen C. Miller et al., Respondents, v. Jean P. Ruff et al., Appellants, et al., Defendants

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

June 19, 1997

The IAS Court properly determined that issues of fact exist at this stage of the proceedings with respect to the abuse of process, false arrest/imprisonment and breach of contract causes of action, precluding an award of summary judgment. However, the malicious prosecution causes of action should have been dismissed since plaintiffs failed to establish that the underlying criminal action terminated in their favor (MacFawn v Kresler, 88 N.Y.2d 859<...

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