Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Walentas v. Johnes, 258 A.D.2d 352 (1999)

Citation
Walentas v. Johnes, 258 A.D.2d 352 (1999)
Parent Document
Walentas v. Johnes, 258 A.D.2d 352 (1999)
Jurisdiction
New York (state)
Effective Date
1999-01-05

Full Text

940 chars
*354To sustain a cause of action for abuse of process, the plaintiff must demonstrate “the deliberate premeditated infliction of economic injury without economic or social excuse or justification” (Board of Educ. v Farmingdale Classroom Teachers’ Assn., 38 NY2d 397, 405). Commencement of an action, even with malicious intent, is insufficient (Curiano v Suozzi, 63 NY2d 113, 116-117; Family Media v Printronic Corp., 140 AD2d 151, 152). In addition, the process employed must entail some “ ‘unlawful interference with one’s person or property’ ” (Curiano v Suozzi, supra, at 116, quoting Williams v Williams, 23 NY2d 592, 596). We note that defendant’s right to assume his brother’s tenancy was hardly free from doubt, and this litigation therefore possessed a valid legal basis. Finally, no specific, quantifiable damages were demonstrated to be attributable to this or any other tort advanced as the basis of a counterclaim by defendant.