IVANCEV v. GARRIDO

11610. 150434/15.

184 A.D.3d 422 (2020)

124 N.Y.S.3d 678

2020 NY Slip Op 03190

Jacob Ivancev, Appellant, v. Roe Garrido, Respondent.

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

Decided June 4, 2020.


In this post-divorce tort action, plaintiff alleges two causes of action for malicious prosecution, based on two family offense proceedings defendant commenced against him, and a cause of action for defamation. In the proposed amended complaint, plaintiff asserts abuse of proceeding as an additional cause of action. Neither the original complaint nor the proposed amended complaint state a cognizable cause of action (see Davis & Davis v Morson,

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