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· 12/13/1943

People v. Ash

Citations

  • 267 A.D. 770
  • 45 N.Y.S.2d 220
  • 1943 N.Y. App. Div. LEXIS 6173

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • providing that the challenged “regularly issued process” may be “either civil or criminal”
  • explaining that the “sole” motivation for the defendant’s actions must be one of malevolence
  • dismissing malicious abuse of process claim because Plaintiffs warrantless arrest “did not involve legal process.”
  • “[T]he institution of a civil action by summons and complaint is not legally considered process capable of being abused.”
  • “[the Prima Facie Tort] should not ‘become a catch-all alternative for every cause of action which cannot stand on its legs.’ ”
  • \A malicious motive alone ... does not give rise to a cause of action for abuse of process.\

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.