Opinion · New York Court of Appeals
Belsky v. Lowenthal
47 N.Y.2d 820
- Type
- Opinion
- Court
- New York Court of Appeals
- Jurisdiction
- New York
- Date
- 1979-05-31
- Topic
- general
How later courts describe this case
- malicious prosecution claim properly dismissed since no allegation of interference with plaintiffs person or property
Citator
UpLaw has not yet analyzed Belsky v. Lowenthal. The absence of a flag is not a finding that it is good law.
- Cited by
- 69 opinions
OPINION OF THE COURT
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 plaintiffs person or property (Drago v Buonagurio, 46 NY2d 778; Williams v Williams, 23 NY2d 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 NY2d 553, 557-558.)
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur in memorandum.
Order affirmed.