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CHASE MANHATTAN v. PERLA

65 A.D.2d 207 (1978)

Chase Manhattan Bank, N. A. (as Successor by Merger with Chase Manhattan Bank of Western New York, N. A.), Appellant-Respondent, v. Mildred Perla, Respondent, and Samuel C. Perla, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 15, 1978

Attorney(s) appearing for the Case

Mahoney, Berg & Cornell (Walter J. Mahoney of counsel), for appellant-respondent.

Jeffrey A. Perla for appellant.

MARSH, P. J., SCHNEPP and WITMER, JJ., concur, MOULE, J., not participating.

SIMONS, J.

Plaintiff bank seeks compensatory and punitive damages from defendants for fraud and conspiracy. Special Term dismissed the complaint for failure to state causes of action against defendant Mildred Perla and denied a similar motion to dismiss the complaint against her husband, attorney Samuel C. Perla. The parties have filed cross appeals. In reviewing Special Term's order, we follow established rules...

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