Syllman v. Nissan, 18 A.D.3d 221 (N.Y. App. Div. 2005). · Go Syfert
Syllman v. Nissan, 18 A.D.3d 221 (N.Y. App. Div. 2005). Cases Citing This Book View Copy Cite
9 citation events (9 in the last 25 years) across 3 distinct courts.
Strongest positive: Shawe v. Elting (nyappdiv, 2018-05-22)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Shawe v. Elting
N.Y. App. Div. · 2018 · confidence medium
Moreover, if the "favorable termination" was the denial of Elting's preliminary injunction motion, which occurred in August 2014, then Shawe's malicious prosecution claim, brought in 2016, is time-barred under the applicable one-year limitations period ( see CPLR 215[3]; Syllman v Nissan , 18 AD3d 221, 222 [1st Dept 2005]).
discussed Cited as authority (rule) Roman v. Comp USA, Inc.
N.Y. App. Div. · 2007 · confidence medium
The one-year statute of limitations applicable to a cause of action for malicious prosecution (see CPLR 215 [3]; Syllman v Nissan, 18 AD3d 221, 222 [2005]) does not begin to run until favorable termination of the underlying criminal proceeding (see Martinez v City of Schenectady, 97 NY2d 78, 84 [2001]; Roche v Village of Tarrytown, 309 AD2d 842, 843 [2003]).
discussed Cited "see" Johnson v. City of New York (2×)
S.D.N.Y. · 2009 · signal: see · confidence high
See Syllman v. Nissan, 18 A.D.3d 221 , 794 N.Y.S.2d 351, 352 (1st Dept.2005): see also Roche v. Vill.
discussed Cited "see, e.g." Thompson v. Global Contact Services, LLC
E.D.N.Y · 2021 · signal: see also · confidence medium
(See State Court Compl. 1.) Although the Individual Defendants were not defendants in the State Court Class Action, they were in privity with GCS as executives of GCS who “exercised operational control over GCS and the terms and conditions of [Plaintiff’s] employment.” (Compl. ¶¶ 10, 12, 14–15); see also Syllman v. Nissan, 794 N.Y.S.2d 351, 352 (2005) (finding privity between corporate defendant and its “board of directors, individual members, and attorneys” when the conduct arose “out of the same dispute that gave rise to the [previously litigated] claims”); Briggs v. Chapma…
Retrieving the full opinion text from the archive…
John Syllman
v.
Akram Nissan
Appellate Division of the Supreme Court of the State of New York.
May 3, 2005.
18 A.D.3d 221
2005 N.Y. App. Div. LEXIS 4746
Cited by 8 opinions  |  Published

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered April 16, 2004, which granted defendants’ motions to dismiss the complaint, unanimously affirmed, with costs.

The first and third causes of action are barred by collateral estoppel and res judicata. A previous lawsuit in Queens County against defendant 67-25 Dartmouth Street Corp. was decided in favor of the corporation. The instant action against the corporation and its board of directors, individual members and at[*222] torneys alleges conduct arising out of the same dispute that gave rise to the Queens County claims. Plaintiff has failed to allege any specific conduct at issue in this action that was not previously litigated (Lanzano v City of New York, 202 AD2d 378 [1994], lv denied 83 NY2d 760 [1994]). The addition of defendants in this action, all of whom are in privity with the corporation, does not circumvent the legal doctrines that preclude these claims (Buechel v Bain, 97 NY2d 295 [2001]).

The second cause of action, for malicious prosecution, is barred by the statute of limitations since the underlying lawsuits were terminated more than one year before plaintiff commenced the instant action (CPLR 215 [3]). The fourth cause of action does not sufficiently plead a claim for abuse of process since it does not allege improper use of process after its issuance. A malicious motive in commencing an action is insufficient to support such a claim because “the institution of a civil action by summons and complaint is not legally considered process capable of being abused” (Curiano v Suozzi, 63 NY2d 113, 116 [1984]). Concur—Mazzarelli, J.P., Sullivan, Ellerin, Gonzalez and Sweeny, JJ.