Syllman v. Nissan
Cases that cite this one
8 later published cases cite this decision.
- Johnson v. City of New York (District Court, S.D. New York 2009)
- Thompson v. Global Contact Services, LLC (District Court, E.D. New York 2021)
- Shawe v. Elting (Appellate Division of the Supreme Court of New York 2018)
- People's Capital & Leasing Corp. v. 1 800 Postcards, Inc. (Appellate Division of the Supreme Court of New York 2018)
- 10 ELLICOTT SQUARE COURT CORPORATIO v. VIOLET REALTY, INC. (Appellate Division of the Supreme Court of New York 2011)
- 10 Ellicott Square Court Corp. v. Violet Realty, Inc. (Appellate Division of the Supreme Court of New York 2011)
- Roman v. Comp USA, Inc. (Appellate Division of the Supreme Court of New York 2007)
- Roberts v. 112 Duane Associates LLC (Appellate Division of the Supreme Court of New York 2006)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered April 16, 2004, which granted defendants’ motions to dismiss the complaint, unanimously affirmed, with costs.
The first and third causes of action are barred by collateral estoppel and res judicata. A previous lawsuit in Queens County against defendant 67-25 Dartmouth Street Corp. was decided in favor of the corporation. The instant action against the corporation and its board of directors, individual members and at
The second cause of action, for malicious prosecution, is barred by the statute of limitations since the underlying lawsuits were terminated more than one year before plaintiff commenced the instant action (CPLR 215 [3]). The fourth cause of action does not sufficiently plead a claim for abuse of process since it does not allege improper use of process after its issuance. A malicious motive in commencing an action is insufficient to support such a claim because “the institution of a civil action by summons and complaint is not legally considered process capable of being abused” (Curiano v Suozzi, 63 NY2d 113, 116 [1984]). Concur—Mazzarelli, J.P., Sullivan, Ellerin, Gonzalez and Sweeny, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.