What is the test for malicious abuse of process?

To plead malicious abuse of process, a plaintiff must show that defendant "(1) employ[ed] regularly issued legal process to compel performance or forbearance of some act, (2) with the intent to do harm without excuse o[r] justification, and (3) in order to obtain a collateral objective that is outside the legitimate ends of the process." Savino v. City of N.Y., 331 F.3d 63, 76 (2d Cir. 2003) (internal quotation marks omitted). The collateral objective element requires an allegation that the defendant "aimed to achieve a collateral purpose beyond or in addition to . . . criminal prosecution," and therefore it is "not sufficient for a plaintiff to allege that the defendants were seeking to retaliate against him by pursuing his arrest and prosecution." Id. at 77.

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