COHEN v. FIRST NAT'L CITY BANK


75 A.D.2d 837 (1980)

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

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

May 12, 1980


Order reversed, on the law, with $50 costs and disbursements, motion granted and cross motion denied.

Special Term abused its discretion in denying defendant's motion to dismiss the complaint. Plaintiff's justification for the nine-month delay in serving the complaint (after the expiration of the two-month extension agreed to by defendant), that he encountered difficulty in obtaining the information needed to properly draft a complaint, was insufficient in light of...

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