The Penwag Property Co., Inc., a Corporation of the State of New York, and the Penwag Property Co., Inc., a…

Summary

The Supreme Court of New Jersey affirmed the lower courts, holding that a plaintiff must show a "special grievance"—interference with liberty or property—to maintain a malicious use of process claim, and that such a claim cannot be asserted as a counterclaim before the original action terminates in the plaintiff's favor. The Court also noted policy reasons for limiting the remedy and rejected the plaintiff's claim.