BONARCO, LTD. v. COSSINGTON OVERSEAS LTD.

• Decision Date: 03 February 2000
• Parties: BONARCO, LTD., Appellant,<BR>v.<BR>COSSINGTON OVERSEAS LTD. et al., Respondents.
• Court: New York Supreme Court — Appellate Division

269 A.D.2d 158

703 N.Y.S.2d 26

BONARCO, LTD., Appellant,

v.COSSINGTON OVERSEAS LTD. et al., Respondents.

Decided February 3, 2000.

Concur — Sullivan, J. P., Williams, Mazzarelli, Wallach and Lerner, JJ.

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 NY2d 113; Park v State of New York, 226 AD2d 153; Matthews v New York City Dept. of Social Servs., 217 AD2d 413, lv denied 87 NY2d 812). Moreover, plaintiff failed to allege that defendants in some way wrongfully utilized process to gain an advantage collateral to its legitimate ends (supra).