New York Supreme and/or Appellate Courts Appellate Division, First Department
November 20, 2012
LENOX HILL HOSPITAL, ET AL.,
SMITH CARROAD LEVY P.C.,
Lambe v Lenox Hill Hosp.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on November 20, 2012
Tom, J.P., Andrias, Saxe, Acosta, Freedman, JJ.
Order, Supreme Court, New York County (Richard F. Braun, J.), entered July 27, 2011, which granted defendant-respondent's (defendant) motion to dismiss the complaint as against it, unanimously affirmed, without costs.
Plaintiff failed to state a cognizable cause of action as against defendant. Indeed, read generously, the complaint merely alleges that defendant issued restraining notices on a duly filed default judgment, obtained by predecessor counsel. This conduct does not amount to a tort (Caribbean Constr. Servs. & Assoc. v Zurich Ins. Co., 267 AD2d 81, 83 [1st Dept 1999]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: NOVEMBER 20, 2012
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