Summary
holding that groundless civil claims of fraud and embezzlement supported by false affidavits did not rise to the required level
Summary of this case from Chi Chao Yuan v. RiveraOpinion
Argued April 24, 1979
Decided May 31, 1979
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, THOMAS J. HUGHES, J.
Lester J. Tanner, Anders R. Sterner and Lawrence S. Yee for appellant.
Robert Markewich for respondents.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs.
The first and third causes of action sounding in malicious prosecution were properly dismissed inasmuch as neither contains any allegation of interference with plaintiff's person or property (Drago v Buonagurio, 46 N.Y.2d 778; Williams v Williams, 23 N.Y.2d 592). The fourth cause of action, characterized by appellant in our court as alleging a claim for prima facie or intentional tort, was likewise properly dismissed by the Appellate Division for the reasons stated in the opinion of Mr. Justice HERBERT B. EVANS. (Cf. Drago v Buonagurio, supra; Fischer v Maloney, 43 N.Y.2d 553, 557-558.)
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum.
Order affirmed.