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Hansen v. Petrone

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 1986
124 A.D.2d 782 (N.Y. App. Div. 1986)

Summary

construing § 215 to cover abuse of process and intentional infliction of emotional distress

Summary of this case from Owens v. Okure

Opinion

November 24, 1986

Appeal from the Supreme Court, Westchester County (Palella, J.).


Ordered that the order is affirmed, with costs.

The plaintiff's first cause of action, which sounds in trespass, was properly dismissed by Special Term for failure to join as necessary party defendants, the plaintiff's cotenants and the landlord of the premises (CPLR 1001 [a]; 3211 [a] [10]). While those parties are not necessary parties with respect to the plaintiff's second cause of action, which sounds in either abuse of process, malicious prosecution or intentional infliction of emotional distress, nonetheless, all of such claims are governed by a one-year Statute of Limitations, are time barred, and accordingly, the second cause of action must be dismissed as well (CPLR 215; Pico Prods. v Eagle Comtronics, 96 A.D.2d 736). Mollen, P.J., Brown, Weinstein and Rubin, JJ., concur.


Summaries of

Hansen v. Petrone

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 1986
124 A.D.2d 782 (N.Y. App. Div. 1986)

construing § 215 to cover abuse of process and intentional infliction of emotional distress

Summary of this case from Owens v. Okure
Case details for

Hansen v. Petrone

Case Details

Full title:LORENTZ W. HANSEN, Appellant, v. EVELYN PETRONE, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 24, 1986

Citations

124 A.D.2d 782 (N.Y. App. Div. 1986)

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