Belskyv.Ilona Lowenthal

Court of Appeals of the State of New YorkMay 31, 1979
47 N.Y.2d 820 (N.Y. 1979)

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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.


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.