47 N.Y.2d 769 | NY | 1979
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
As noted by the Appellate Division: "The act of the defendant in bringing the suit was not unlawful and the defendant’s desire to so dispose of his property to his own advantage not being inherently malicious, fraudulent or motivated by a desire to damage the plaintiff, he thus had a proper purpose to serve.” Indeed the complaint alleges that 400 Park Avenue Company commenced the "action against the defen
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur in memorandum.
Order affirmed.