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Cohen v. First National City Bank

Jack Cohen, Appellant, v. First National City Bank, Also Known as Citibank, N.A., Respondent

Cohen v. First Nat'l City Bank, 418 N.E.2d 672 (N.Y. 1981)
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Court
New York Court of Appeals · State Highest Courts
Decided
January 15, 1981
Citations
418 N.E.2d 67252 N.Y.2d 863437 N.Y.S.2d 791981 N.Y. LEXIS 2187
Cited by 8

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 8 cases

View all citing references →
1982: 41984: 11985: 11986: 12009: 119822026peak 1982 · 4

Relies on it most ⓘ

  1. Eaton v. Equitable Life Assurance Society of United States, Inc.438 N.E.2d 1119 (N.Y. 1982) · Dissent
  2. Egan v. Federated Department Stores, Inc.108 A.D.2d 718 (1985)
  3. Horvath v. Bayonne Hospital99 A.D.2d 824 (1984)
  4. Kaveny v. Fine122 A.D.2d 304 (1986)
  5. Trudeau v. Ford60 A.D.3d 1186 (2009)
  6. Donnelly v. Pepicelli90 A.D.2d 955 (1982)

Most recent

  1. Trudeau v. Ford60 A.D.3d 1186 (2009)
  2. Kaveny v. Fine122 A.D.2d 304 (1986)
  3. Egan v. Federated Department Stores, Inc.108 A.D.2d 718 (1985)
  4. Horvath v. Bayonne Hospital99 A.D.2d 824 (1984)
  5. Donnelly v. Pepicelli90 A.D.2d 955 (1982)
  6. Bryant v. Bryant116 Misc. 2d 828 (N.Y. Sup. Ct. 1982)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Barasch v. Micucci, 404 N.E.2d 1275 (N.Y. 1980) 320

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