Parr Meadows Racing Association v. White
New York Supreme Court, Appellate Division
76 A.D.2d 858, 428 N.Y.S.2d 509 (1980)
- Written by Steven Pacht, JD
Facts
Parr Meadows Racing Association, Inc. (Parr) (plaintiff) sued Eugene White and others (collectively, White) (defendants) for abuse of process in response to White’s filing of a notice of pendency (also known as a lis pendens) against Parr. Parr alleged (1) the issuance of process compelling or prohibiting Parr from taking a prescribed act, (2) that White was motivated to harm Parr without economic or social excuse or justification, and (3) that White sought a collateral advantage or corresponding harm to Parr that was beyond the legitimate needs of the process. In addition, Parr alleged that White filed the notice of pendency without just cause in the first instance. Among other things, Parr sought punitive damages. White contended that Parr’s claim should have been for malicious prosecution rather than for abuse of process because abuse of process governed the improper use of regularly issued process and Parr’s allegation that White did not have just cause to file the notice of pendency asserted that the notice of pendency was not regularly issued.
Rule of Law
Issue
Holding and Reasoning ()
What to do next…
Here's why 899,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 47,000 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
