FISCHER v. CHEVRA MACHZIKET H'SHECHUNA, INC.


295 A.D.2d 227 (2002)

743 N.Y.S.2d 716

DAVID FISCHER et al., Appellants-Respondents, v. CHEVRA MACHZIKET H'SHECHUNA, INC., et al., Respondents-Appellants, et al., Defendant.

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

Decided June 20, 2002.


The complaint for malicious prosecution was properly dismissed as against the attorney defendants since no triable issue was raised as to whether those defendants acted out of malice when they initiated and prosecuted the underlying RICO and state law claims against plaintiffs. There is no evidence that the attorney defendants, in pressing their clients' claims against plaintiffs, overstepped the bounds of zealous representation (see, Honzawa v Honzawa,

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