· 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).
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.