Legal Opinion
Cohen v. First National City Bank
New York Court of Appeals
Decided January 15, 1981PublishedCited by 8 opinions
1Opinion of the Court
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.
2Cases cited1 opinion
- Barasch v. MicucciNew York Court of Appeals · 1980
3Cited by8 opinions
- Egan v. Federated Department Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Horvath v. Bayonne HospitalAppellate Division of the Supreme Court of the State of New York · 1984
- Kaveny v. FineAppellate Division of the Supreme Court of the State of New York · 1986
- Donnelly v. PepicelliAppellate Division of the Supreme Court of the State of New York · 1982
- Trudeau v. FordAppellate Division of the Supreme Court of the State of New York · 2009
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