Pomeranz v. Bourla

Full title: PAULETTE POMERANZ et al., Appellants, v. DANIEL BOURLA, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 26, 1999

257 A.D.2d 516 (N.Y. App. Div. 1999)

684 N.Y.S.2d 527

Opinion

January 26, 1999.

Appeal from the Supreme Court, New York County (Alice Schlesinger, J.).

The complaint was issued and used for its intended purpose, i.e., the recovery of $120,000 from defendant. Mere service of a summons and complaint "is not legally considered process capable of being abused [citation omitted]" and, thus there was no "unlawful interference with [defendant's] person * * * or property" ( Curiano v. Suozzi, 63 N.Y.2d 113, 116; Williams v. Williams, 23 N.Y.2d 592, 596).

Concur — Sullivan, J.P., Nardelli, Williams and Andrias, JJ.