Herman v. Spitz

Claiming abuse of process, malicious prosecution and intentional infliction of emotional distress, plaintiff sues to recover damages for the emotional distress he sustained from criminal proceedings defendant initiated against him. Defendant counterclaims for damages for emotional distress plaintiff caused her. Plaintiff moves for summary judgment dismissing defendants counterclaim. C.P.L.R. § 3212(b). For the reasons explained below, the court denies the motion.