Hyperlawhypertext legal databasebeta Belsky v. Lowenthal 47 N.Y.2d 820

← Cases

Belsky v. Lowenthal

47 N.Y.2d 820 Court N.Y. Decision date 1979-05-31 English

Contents

Majority

p. 820
Marvin S. Belsky, Appellant, v Ilona Lowenthal et al., Respondents.
Argued April 24, 1979;
decided May 31, 1979.
p. 821
APPEARANCES OF COUNSEL
Lester J. Tanner, Anders R. Sterner and Lawrence S. Yee for appellant.
Robert Markewich for respondents.

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.

Cases cited