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SEGRETO v. PETRELLI ASSOCIATES, INC.

285 A.D.2d 499 (2001)

728 N.Y.S.2d 488

AUGUST T. SEGRETO et al., Appellants, v. PETRELLI ASSOCIATES, INC., Respondent.

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.

The torts of abuse of process and malicious prosecution possess the common element of improper purpose in the use of legal process (see, Board of Educ. v Farmingdale Classroom Teachers Assn., 38 N.Y.2d 397). In a prior action, the plaintiffs' second counterclaim alleging abuse of process was properly dismissed (see, Petrelli Assocs. v Germano, 277 A.D...

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