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LEON v. COURI

285 A.D.2d 493 (2001)

727 N.Y.S.2d 639

BARRY J. LEON et al., Respondents, v. JAMES C. COURI et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided July 9, 2001.

Ordered that the order is affirmed, with costs.

It is well settled that "the institution of a civil action by summons and complaint is not legally considered process capable of being abused" (Curiano v Suozzi, 63 N.Y.2d 113, 116). As the defendants failed to state a cause of action alleging abuse of process, their counterclaims were properly...

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