PEREZ v. Noel Pagan, et al., Defendants. (2002)

Order, Supreme Court, Bronx County (Michael DeMarco, J.), entered June 28, 2001, which granted the motion of defendant Mount Sinai Medical Center for summary judgment dismissing plaintiff's cause of action against it for malicious prosecution and to dismiss, pursuant to CPLR 3211(a) (7), plaintiff's cause of action against it for abuse of process, unanimously affirmed, without costs.

 Although the fight between plaintiff and other Mt. Sinai employees that led to plaintiff's arrest and his subsequent discharge from employment occurred at a party apparently sponsored by Mt. Sinai, there is no evidentiary support for plaintiff's contention that the employees involved were acting on behalf of Mt. Sinai or in furtherance of its business when they reported the incident to the police.   The employees' conduct was precipitated by a personal matter and their actions did not fall within the scope of their employment (see Stavitz v. City of New York, 98 A.D.2d 529, 531, 471 N.Y.S.2d 272).   Summary judgment dismissing the complaint for malicious prosecution as against Mt. Sinai was therefore proper.   Also proper was the motion court's dismissal of the remaining cause, for abuse of process, against Mt. Sinai.   No cause of action for abuse of process was stated against Mt. Sinai since plaintiff did not allege that Mt. Sinai made perverse use of the orders of protection issued by Criminal Court against plaintiff to obtain a collateral objective (see Curiano v. Suozzi, 63 N.Y.2d 113, 116, 480 N.Y.S.2d 466, 469 N.E.2d 1324).