Legal Opinion
Dietrich v. Chemical Bank
New York Supreme Court
Decided September 21, 1981PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Martin B. Stecher, J.
Defendant Chemical Bank moves to dismiss the amended complaint on the ground that documentary evidence, read in conjunction with the controlling statutes, provides a complete defense to the action. The motion is granted.
Plaintiff has commenced a class action, apparently uncertified as yet, alleging that certain service charges customarily imposed by defendant are excessive and their imposition constitutes a breach of the contract between Chemical and its depositors. The service charges involved are a $4 fee imposed when the depositor writes a check…
2Cases cited3 opinions
- Jones v. Cunard Steam Ship Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Brian Wallach Agency, Inc. v. BankAppellate Division of the Supreme Court of the State of New York · 1980
- Clark v. Marine Midland Bank, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
3Cited by6 opinions
- Chiacchia v. National Westminster Bank USAAppellate Division of the Supreme Court of the State of New York · 1986
- Kiley v. First National BankCourt of Special Appeals of Maryland · 1994
- Perl v. Smith Barney Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- American Dredging Co. v. Plaza Petroleum Inc.District Court, E.D. New York · 1992
- A.F.L. Falck, S.P.A. v. E.A. Karay Co.District Court, S.D. New York · 1986
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