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
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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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).
418 N.E.2d 672 (Cohen v. First National City Bank) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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