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ETTIENNE v. HOCHMAN

2010-06696.

83 A.D.3d 888 (2011)

920 N.Y.S.2d 717

ROSELENE ETTIENNE et al., Respondents, v. JOYCE MOLACH HOCHMAN et al., Appellants.

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

Decided April 19, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs.

"Abuse of process has three essential elements: (1) regularly issued process, either civil or criminal, (2) an intent to do harm without excuse or justification, and (3) use of the process in a perverted manner to obtain a collateral objective" (Curiano v Suozzi, 63 N.Y.2d 113, 116 [1984]; see Hudson Val. Mar., Inc. v Town of Cortlandt,

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