LANDA v. BROWN CHIARI, LLP

2020-04734. Index No. 614389/19.

219 A.D.3d 1507 (2023)

196 N.Y.S.3d 535

2023 NY Slip Op 04761

Benjamin Landa, Respondent, v. Brown Chiari, LLP, Appellant.

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

Decided September 27, 2023.


Attorney(s) appearing for the Case

Brown Chiari, LLP, Buffalo, NY (Timothy M. Hudson of counsel), appellant pro se.

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, White Plains, NY ( Robert A. Spolzino of counsel), for respondent.

Duffy, J.P., Miller, Wooten and Wan, JJ., concur.


In an action to recover damages for abuse of process and prima facie tort, the defendant appeals from an order of the Supreme Court, Nassau County (Jack L. Libert, J.), entered May 15, 2020. The order denied the defendant's motion pursuant to CPLR 510 to change venue and pursuant to CPLR 3211(a)(7) to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, that branch of the defendant's motion...

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