Black v. Cohen

Appellate Division of the Supreme Court of New York

Black v. Cohen

81 A.D.2d 521, 440 N.Y.S.2d 537, 1981 N.Y. App. Div. LEXIS 10982

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 9, 1981

StatusPublished

This text of 81 A.D.2d 521 (Black v. Cohen) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Black v. Cohen, 81 A.D.2d 521, 440 N.Y.S.2d 537, 1981 N.Y. App. Div. LEXIS 10982 (N.Y. Ct. App. 1981).

Pincite

Opinion

— Cross motion to dismiss an application made pursuant to CPLR article 78, in the nature of a writ of prohibition seeking to prohibit respondents from moving petitioner to trial, unanimously granted and petition dismissed, without costs. Petitioner has failed to allege a sufficient factual basis for the extraordinary relief sought. The petition is based upon speculation and hearsay. Moreover, petitioner is guilty of laches in having submitted to the jurisdiction of the court and failing to seek relief for 13 months. Concur — Birns, J. P., Ross, Carro, Fein and Lynch, JJ.

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— Cross motion to dismiss an application made pursuant to CPLR article 78, in the nature of a writ of prohibition seeking to prohibit respondents from moving petitioner to trial, unanimously granted and petition dismissed, without costs. Petitioner has failed to allege a sufficient factual basis for the extraordinary relief sought. The petition is based upon speculation and hearsay. Moreover, petitioner is guilty of laches in having submitted to the jurisdiction of the court and failing to seek relief for 13 months. Concur — Birns, J. P., Ross, Carro, Fein and Lynch, JJ.

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Bluebook (online)

81 A.D.2d 521, 440 N.Y.S.2d 537, 1981 N.Y. App. Div. LEXIS 10982, Counsel Stack Legal Research, https://law.counselstack.com/opinion/black-v-cohen-nyappdiv-1981.