Cohen v. First National City Bank

In an action, inter alia, to recover damages for breach of contract and breach of warranty, defendant appeals from an order of the Supreme Court, Nassau County, entered October 29, 1979, which (1) denied defendant’s motion to dismiss plaintiff’s action for failure to timely serve a complaint, and (2) granted plaintiff’s cross motion to compel defendant to accept the complaint. Order reversed, on the law, with $50 costs and disbursements, motion granted and cross motion denied. Special Term abused its discretion in denying defendant’s motion to dismiss the complaint. Plaintiff’s justification…