The plaintiff owner and developer of an apartment building sued a “holdout” tenant’s (tenant) lawyer and his law firm (defendants). The defendants have been representing the tenant in a summary holdover proceeding in Housing Court. The plaintiff sued defendants for abuse of process and tortious interference with prospective economic advantage.

The defendants had moved to dismiss the complaint pursuant to CPLR §3211(a)(7). They sought costs and attorney’s fees pursuant to Civil Rights Law (CVR) §70-a(1)(a) and punitive damages pursuant to CVR §70-a(1)(c). The court granted the defendants’ motion and dismissed the complaint.

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