SEGRETO v. PETRELLI ASSOCIATES INC (2001)

In an action to recover damages for malicious prosecution, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Klein, J.), dated September 26, 2000, which granted the defendant's motion to dismiss the complaint.

ORDERED that the order is affirmed, with costs.

 The torts of abuse of process and malicious prosecution possess the common element of improper purpose in the use of legal process (see, Board of Educ. of Farmingdale Union Free School Dist. v. Farmingdale Classroom Teachers Assn., 38 N.Y.2d 397, 380 N.Y.S.2d 635, 343 N.E.2d 278).   In a prior action, the plaintiffs' second counterclaim alleging abuse of process was properly dismissed (see, Petrelli Assocs. v. Germano, 277 A.D.2d 439, 717 N.Y.S.2d 898).   Accordingly, the doctrine of collateral estoppel precludes the plaintiffs' attempt to relitigate the issues decided in the prior action (see, Continental Casualty Co. v. Rapid-American Corp., 80 N.Y.2d 640, 593 N.Y.S.2d 966, 609 N.E.2d 506;  see also, Hornstein v. Wolf, 67 N.Y.2d 721, 499 N.Y.S.2d 938, 490 N.E.2d 857).

The plaintiffs' remaining contentions are without merit.