June 12, 2020

A dismissed cause of action for abuse of process.

Defendant commenced two family offense proceedings based on separate incidents. Both petitions were dismissed, one on the merits and the other without prejudice. The mere filing of petitions is not legally considered process capable of being abused.

Ivancev v. Garrido, NY Slip Op 03190 (1st Dept June 4, 2020)

Here is the decision.