BONARCO LTD v. COSSINGTON OVERSEAS LTD (2000)

Order, Supreme Court, New York County (Herman Cahn, J.), entered February 18, 1999, which, to the extent appealed from as limited by the brief, in an action against defendants-respondents for abuse of process, granted defendants-respondents' CPLR 3211(a)(7) motion to dismiss the complaint against them, unanimously affirmed, with costs.

Under the instant circumstances, defendants-respondents' service of their summons and complaint, and the issuance, via proper judicial process, of the Russian court's restraining order on plaintiff's sale of stock purchased by it from a third party who stole it from defendants, are insufficient to support an abuse of process claim (Curiano v. Suozzi, 63 N.Y.2d 113, 480 N.Y.S.2d 466, 469 N.E.2d 1324;  Park v. State of New York, 226 A.D.2d 153, 640 N.Y.S.2d 100;  Matthews v. New York City Dept. of Soc. Serv., 217 A.D.2d 413, 629 N.Y.S.2d 241, lv. denied 87 N.Y.2d 812, 644 N.Y.S.2d 145, 666 N.E.2d 1059).   Moreover, plaintiff failed to allege that defendants in some way wrongfully utilized process to gain an advantage collateral to its legitimate ends (id.).

MEMORANDUM DECISION.