Cohen v. First National City Bank
| Court | New York Court of Appeals Court of Appeals |
| Citation | Cohen v. First National City Bank, 437 N.Y.S.2d 79, 52 N.Y.2d 863 (N.Y. 1981) |
| Decision Date | 08 January 1981 |
| Parties | , 418 N.E.2d 672 Jack COHEN, Appellant, v. FIRST NATIONAL CITY BANK, a. k. a. Citibank, N. A., Respondent. |
On summary consideration, order affirmed, with costs. It cannot be said, as a matter of law, that the Appellate Division, 75 A.D.2d 837, 427 N.Y.S.2d 870, abused its discretion in dismissing the complaint pursuant to CPLR 3012 (subd. (b)). Indeed, as we held in Barash v. Micucci, 49 N.Y.2d 594, 600-601, 427 N.Y.S.2d 732, 404 N.E.2d 1275, it would have constituted an abuse of discretion to have failed to dismiss.
All concur.
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6 cases
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Eaton v. Equitable Life Assur. Soc. of U.S., Inc.
...e.g., A & J Concrete Corp. v. Arker, 54 N.Y.2d 870, 872-873, 444 N.Y.S.2d 905, 429 N.E.2d 412 see, also, Cohen v. First Nat. City Bank, 52 N.Y.2d 863, 437 N.Y.S.2d 79, 418 N.E.2d 672; Merchandising Presentation v. Blumenfeld, 52 N.Y.2d 867, 437 N.Y.S.2d 80, 418 N.E.2d 673; Jamaica Buses v. ......
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Egan v. Federated Dept. Stores, Inc.
... ... City, of counsel), for appellant ... Before ... Marine Midland Bank, 100 A.D.2d 530, 473 N.Y.S.2d 218; Cobbs v. Lefrak ... Gazette, 82 A.D.2d 949, 440 N.Y.S.2d 760; Cohen v. First Nat. City Bank, 75 A.D.2d 837, 427 N.Y.S.2d 870, ... ...
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Bryant v. Bryant
...N.E.2d 1275). The Barasch opinion has been subsequently reaffirmed by the Court of Appeals (see, e.g., Cohen v. First National City Bank, 52 N.Y.2d 863, 437 N.Y.S.2d 79, 418 N.E.2d 672, affing. 75 A.D.2d 837, 427 N.Y.S.2d 870 (nine-month delay) and Merchandise Presentation, Inc. v. Blumenfe......
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Donnelly v. Pepicelli
... ... office failure under the circumstances presented (see Cohen v. First National City Bank, 75 A.D.2d 837, 427 N.Y.S.2d ... ...
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