47 NY2D 820 - Belsky v. Lowenthal

How this case has been cited

Cited by 97 later decisions — most recently May 2015 · most notably Taylor v. Metzger (1998), O'Brien v. Alexander (1996)

4 federal appellate · 9 district · 6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1OPINION OF THE COURT

¶2Memorandum.

¶3The order of the Appellate Division should be affirmed, with costs.

¶4The 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.)

¶5Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur in memorandum.

¶6Order affirmed.