Abuse of Process

Cause of action for Abuse of Process

“ There are three essential elements to the cause of action (for abuse of process): (1) regularly issued process compelling the performance or forbearance of some prescribed act; (2) the person activating the process must have been motivated to do harm without economic or social excuse or justification; and (3) the person activating the process must be seeking some collateral advantage or corresponding detriment to the plaintiff which is outside the legitimate ends of process (Board of Educ. v. Farmingdale Classroom Teachers Assn., 38 N.Y.2d 397, 380 N.Y.S.2d 635, 343 N.E.2d 278; Williams v. Williams, 23 N.Y.2d 592, 298 N.Y.S.2d 473, 246 N.E.2d 333). ” Hornstein v Wolf, 109 AD2d 129, 133 [2d Dept 1985], affd, 67 NY2d 721 [1986].

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