Chemical Bank v. PIC Motors Corp.
Cases that cite this one
58 later published cases cite this decision. The 25 that cite it most often are listed here.
- Management Investment Funding Ltd. v. Merrill Lynch, Pierce, Fenner & Smith Inc. (District Court, S.D. New York 1998)
- Port Distributing Corp. v. Pflaumer (District Court, S.D. New York 1995)
- Walther v. Bank of New York (District Court, S.D. New York 1991)
- U.S. Bank N.A. v. Wiener (Appellate Division of the Supreme Court of New York 2019)
- HSBC Bank USA Ex Rel. Deutsche Alt-A Securities Mortgage Loan Trust Series 2006-AR5 v. Armijos (Appellate Division of the Supreme Court of New York 2017)
- Chemical Bank v. Sepler (N.Y. 1983)
- 656 Hermitage Circle, LLC v. Wallach (District Court, S.D. New York 2023)
- Globe Trade Capital, LLC v. Hoey (Appellate Division of the Supreme Court of New York 2021)
- Wells Fargo Bank, N.A. v. Gonzalez (Appellate Division of the Supreme Court of New York 2019)
- Green Tree Servicing LLC v. Bormann (Appellate Division of the Supreme Court of New York 2018)
- Green Tree Servicing LLC v. Bormann (Appellate Division of the Supreme Court of New York 2018)
- Northfield Ins. Co. v. Golob (Appellate Division of the Supreme Court of New York 2018)
- Bank of New York Mellon v. Cronin (Appellate Division of the Supreme Court of New York 2017)
- Lamore v. Panapoulos (Appellate Division of the Supreme Court of New York 2014)
- City of New York v. TransportAzumah LLC (Appellate Division of the Supreme Court of New York 2012)
- City of New York v. TransportAzumah LLC (Appellate Division of the Supreme Court of New York 2012)
- Chase Equipment Leasing Inc. v. Architectural Air (Appellate Division of the Supreme Court of New York 2011)
- Smith v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2011)
- Monteleone v. Jung Pyo Hong (Appellate Division of the Supreme Court of New York 2010)
- JP Morgan Chase Bank, N.A. v. Agnello (Appellate Division of the Supreme Court of New York 2009)
- Desena v.City of New York (Appellate Division of the Supreme Court of New York 2009)
- Smith v. Andre (Appellate Division of the Supreme Court of New York 2007)
- Breytman v. Olinville Realty, LLC (Appellate Division of the Supreme Court of New York 2007)
- Lee v. T.F. DeMilo Corp. (Appellate Division of the Supreme Court of New York 2006)
- Doherty v. City of New York (Appellate Division of the Supreme Court of New York 2005)
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.
The order of the Appellate Division should be affirmed, with costs, for reasons stated in the opinion of Justice Arnold L. Fein (87 AD2d 447), to which we but add two comments.
First, that defendants had not completed discovery did not interdict the grant of summary judgment (Griffin v Cortland Mem. Hosp., 85 AD2d 837, mot for lv to app den 56 NY2d 507). In particular, defendants, in opposing plaintiff’s motion, failed to tender an affidavit or affidavits averring the existence, in admissible form, of proof which would present a triable issue of fact or, if hearsay, an acceptable excuse for the failure to present firsthand knowledge (Egleston v Kalamarides, 58 NY2d 682, 684; Friends of Animals v Associated Fur Mfrs., 46 NY2d 1065, 1067-1068).
Second, Special Term’s grant of summary judgment on plaintiff’s claim despite the pendency of defendant’s counterclaim was not an abuse of discretion, without more, since it was not supported by a showing of merit (M & S Mercury Air Conditioning Corp. v Rodolitz, 24 AD2d 873, 874, affd 17 NY2d 909).
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons concur.
Order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.