New York Court of Appeals, 1976

American Bank & Trust Co. v. Lichtenstein

New York Court of Appeals · Decided June 2, 1976

39 N.Y.2d 857; 352 N.E.2d 132; 386 N.Y.S.2d 215; 1976 N.Y. LEXIS 2806

Cases that cite this one

12 later published cases cite this decision.

In re Securities Group (11th Cir. 1991)
Dayton Securities Associates v. Morgan Guaranty Trust Co. of New York (In re Securities Group) (11th Cir. 1991)
In re Monetary Group (United States Bankruptcy Court, M.D. Florida 1989)
In re: Estate of Caporusso, J. (Pa. Super. Ct. 2017)
Formica Construction Co. v. Mills (Civil Court of the City of New York 2005)
Movado Group, Inc. v. Presberg (Appellate Division of the Supreme Court of New York 1999)
Bellevue Builders Supply, Inc. v. Audubon Quality Homes, Inc. (Appellate Division of the Supreme Court of New York 1995)
Chester Color Separations, Inc. v. Trefoil Capital Corp. (Appellate Division of the Supreme Court of New York 1995)
Hudson Valley Paper Co. v. La Belle (Appellate Division of the Supreme Court of New York 1991)
Citibank, National Ass'n v. London (District Court, S.D. Texas 1981)
Anderson v. Massachusetts Mutual Life Insurance (Appellate Division of the Supreme Court of New York 1980)
Williamson v. Shang (Appellate Division of the Supreme Court of New York 1979)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Memorandum. Order affirmed on the memorandum opinion at the Appellate Division.

This action is predicated on the series of promissory notes and not on the theory of an account stated, and accordingly judgment may be entered under CPLR 3213 (contrast Interman Ind. Prods, v R. S. M. Electron Power, 37 NY2d 151). We do not consider the additional contentions presented by appellants for the first time in this court (Cohen and Karger, Powers of the New York Court of Appeals [rev ed], § 162, p 629 et seq.).

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, with costs, in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.