Hornstein v. Wolf
Cases that cite this one
52 later published cases cite this decision. The 24 that cite it most often are listed here.
- Pentagen Technologies International Ltd. v. United States (District Court, S.D. New York 2001)
- Mazza v. Hendrick Hudson Central School District (District Court, S.D. New York 1996)
- GLD3, LLC v. Albra (Appellate Division of the Supreme Court of New York 2025)
- Maspeth Fed. Sav. & Loan Assn. v. Elizer (Appellate Division of the Supreme Court of New York 2021)
- Butler v. Ratner (Appellate Division of the Supreme Court of New York 1994)
- Motcomb Estates, Ltd. v. CMB Export Infrastructure Inv. Group 48, LP (Appellate Division of the Supreme Court of New York 2026)
- Xydous v. The City of Utica (District Court, N.D. New York 2025)
- Lugo v. Corso (Appellate Division of the Supreme Court of New York 2023)
- McQueen v. City of New York (Appellate Division of the Supreme Court of New York 2022)
- McQueen v. City of New York (Appellate Division of the Supreme Court of New York 2022)
- Cohen v. Cohen (Appellate Division of the Supreme Court of New York 2022)
- Sperling v. Amoachi (Appellate Division of the Supreme Court of New York 2021)
- Grullon v. The Administration for Children's Services (District Court, S.D. New York 2021)
- Dubois v. Detective Jim Tassone (District Court, S.D. New York 2021)
- Shawe v. Elting (Appellate Division of the Supreme Court of New York 2018)
- Perini v. Leo (Appellate Division of the Supreme Court of New York 2017)
- Facebook, Inc. v. DLA Piper LLP (US) (Appellate Division of the Supreme Court of New York 2015)
- Mago, LLC v. Singh (Appellate Division of the Supreme Court of New York 2008)
- Dragon Investment Co. II LLC v. Shanahan (Appellate Division of the Supreme Court of New York 2008)
- Black v. Green Harbour Homeowners' Ass'n (Appellate Division of the Supreme Court of New York 2007)
- Santoro v. Town of Smithtown (Appellate Division of the Supreme Court of New York 2007)
- Rice v. University of Rochester Medical Center (Appellate Division of the Supreme Court of New York 2007)
- Panish v. Steinberg (Appellate Division of the Supreme Court of New York 2006)
- Fink v. Shawangunk Conservancy, Inc. (Appellate Division of the Supreme Court of New York 2005)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Our examination of the record persuades us, contrary to plaintiff’s belated contention, that defendant Petker did move to dismiss for failure to state a cause of action.
As to the merits of the appeal, it is evident that plaintiff has failed to plead a cause of action for either malicious prosecution or abuse of process. The cause of action for malicious prosecution is defective because of the failure specifically to plead facts sufficient to overcome the presumption of probable cause for the prior temporary restraining orders which arose as a result of the fact that those temporary restraining orders were necessarily passed upon initially by the issuing court (see, Burt v Smith, 181 NY 1; see also, Phillips v City of Syracuse, 57 NY2d 996; 2 NY PJI 813).
With respect to the abuse of process claim, plaintiff has failed to allege any actual misuse of the process to obtain an end outside its proper scope (cf. Board of Educ. v Farmingdale Classroom Teachers Assn., 38 NY2d 397).
Finally, denial by the Appellate Division of a right to replead did not abuse its discretion for the record viewed as a whole indicates that plaintiff cannot plead a sound cause of action (see, ATI, Inc. v Ruder & Finn, 42 NY2d 454, 461).
Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr., concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.