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Cohen v. First National City Bank

418 N.E.2d 672, 52 N.Y.2d 863, 437 N.Y.S.2d 79, 1981 N.Y. LEXIS 2187
CourtNew York Court of Appeals
DecidedJanuary 15, 1981
StatusPublished
Cited by8 cases

This text of 418 N.E.2d 672 (Cohen v. First National City Bank) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cohen v. First National City Bank, 418 N.E.2d 672, 52 N.Y.2d 863, 437 N.Y.S.2d 79, 1981 N.Y. LEXIS 2187 (N.Y. 1981).

Opinion

OPINION OF THE COURT

On summary consideration, order affirmed, with costs. It cannot be said, as a matter of law, that the Appellate Division abused its discretion in dismissing the complaint pursuant to CPLR 3012 (subd [b]). Indeed, as we held in Barasch v Micucci (49 NY2d 594, 600-601), it would have constituted an abuse of discretion to have failed to dismiss.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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Bluebook (online)
418 N.E.2d 672, 52 N.Y.2d 863, 437 N.Y.S.2d 79, 1981 N.Y. LEXIS 2187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-v-first-national-city-bank-ny-1981.