Nature of the Case
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Facts
Ps were hired to represent a client in a negligence suit against Bruce Chasan and the Law Office of Bruce Chasan LLC's ... client. D filed a counterclaim in the suit against Ps. Ps allege that the counterclaim was completely meritless and procedurally improper. Ps claim that the counterclaim arose, not out of a genuine case strategy, but as retaliation for one of Ps' relatives testifying as a key witness in an unrelated criminal trial against D. Ps claim that D's litigation of the counterclaim in the case were attempts to bully and harass Ps from dropping the negligence case and to intimidate P's brother into not testifying in the unrelated criminal matter. Ps also cite two e-mails D sent that amounted to a litany of insults to both P and his brother. The counterclaim was dismissed with prejudice and Ds did not appeal. Ps are suing D for the injuries incurred from the allegedly frivolous counterclaim, which they claim amounted to a wrongful use of proceedings and an abuse of process. Ds filed Preliminary Objections seeking a demurrer of the Complaint due to judicial immunity. The court entered an order granting Ds Preliminary Objections in the nature of a demurrer, based on the doctrine of judicial immunity. Ps filed a Motion for Reconsideration, and it was denied. Ps appealed.
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