DIETRICH v. CHEM. BANK


115 Misc.2d 713 (1981)

Julia A. Dietrich, Plaintiff, v. Chemical Bank, Defendant.

Supreme Court, Special Term, New York County.

September 21, 1981


Attorney(s) appearing for the Case

Cravath, Swaine & Moore (Michael C. Spencer of counsel), for defendant. Meyers, Tersigni, Kaufman, Debrot, Feldman & Gray (Anthony L. Tersigni of counsel), for plaintiff.


MARTIN B. STECHER, J.

Defendant Chemical Bank moves to dismiss the amended complaint on the ground that documentary evidence, read in conjunction with the controlling statutes, provides a complete defense to the action. The motion is granted.

Plaintiff has commenced a class action, apparently uncertified as yet, alleging that certain service charges customarily imposed by defendant are excessive and their imposition constitutes a breach of the...

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