Bellavia v Hoppenstein

Holding The court affirmed the denial of a motion to change venue because the defendant failed to demonstrate witness inconvenience, and it affirmed the dismissal of the defendant’s counterclaims for abuse of process, injunctive relief, and libel. Although the lower court improperly relied on a nonconforming affirmation, the dismissal was proper because the counterclaims failed to state causes of action.

The court’s words

the mere institution of a civil action by summons and complaint is not legally considered such process as is capable of being abused

2026 NY Slip Op 05267, at the official text

the sole criterion is whether the pleading states a cause of action, and if from its four corners factual allegations are discerned which taken together manifest any cause of action cognizable at law a motion for dismissal will fail

2026 NY Slip Op 05267, at the official text

the defendant offered only conclusory statements that the prospective witnesses would be inconvenienced and failed to establish the manner or extent to which those witnesses would be inconvenienced

2026 NY Slip Op 05267, at the official text