LAZAROW v. CASTLE CAPITAL


49 N.Y.2d 508 (1980)

Lazarow, Rettig & Sundel, Plaintiff, v. Castle Capital Corporation et al., Defendants. Castle Capital Corporation, Defendant and Third-Party Plaintiff-Respondent, v. Pioneer Petroleum, Inc., et al., Third-Party Defendants, and Fidelity Bank, N. A., et al., Third-Party Defendants-Appellants. (And Another Action.)

Court of Appeals of the State of New York.

Decided March 27, 1980.


Attorney(s) appearing for the Case

John S. Martin, Jr., and Stacey J. Moritz for third-party defendants-appellants.

Jeffrey P. Meyer and Matthew Gluck for defendant third-party plaintiff-respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and MEYER concur.


WACHTLER, J.

The question on this appeal is whether section 94 of title 12 of the United States Code, which permits actions and proceedings to be brought against national banks only in courts of the county or district in which they are located, mandates dismissal of a third-party action against such a bank where it is brought in a jurisdiction other than specified by...

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