Cohen v. First National City Bank
Cohen v. First National City Bank
52 N.Y.2d 863; 418 N.E.2d 672; 437 N.Y.S.2d 79; 1981 N.Y. LEXIS 2187
Cohen v. First National City Bank
Opinion
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.