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Katz v. United Mizrahi Bank Ltd.

Citations: 248 A.D.2d 359; 669 N.Y.S.2d 823; 1998 N.Y. App. Div. LEXIS 2034

Court: Appellate Division of the Supreme Court of the State of New York; March 1, 1998; New York; State Appellate Court

Narrative Opinion Summary

The plaintiff appealed an order from the Supreme Court, Nassau County, which denied his motion to serve and file a supplemental complaint aimed at enjoining the enforcement of a letter of credit. The court affirmed the order, stating that the proposed causes of action against United Mizrahi Bank Ltd. were clearly meritless. The ruling referenced precedents from Sanford v. Sanford and Fisher v. Carter Industries to support its decision. The justices concurred in the affirmation of the order, with costs awarded to the defendant.

Legal Issues Addressed

Awarding of Costs

Application: The affirmation of the order included awarding costs to the defendant, reinforcing the court's stance on the lack of merit in the plaintiff's actions.

Reasoning: The justices concurred in the affirmation of the order, with costs awarded to the defendant.

Meritless Causes of Action

Application: The court found that the proposed causes of action against United Mizrahi Bank Ltd. lacked merit, which justified the denial of the motion.

Reasoning: The court affirmed the order, stating that the proposed causes of action against United Mizrahi Bank Ltd. were clearly meritless.

Motion to Serve and File a Supplemental Complaint

Application: The plaintiff's motion to serve and file a supplemental complaint was denied because the proposed causes of action were deemed meritless.

Reasoning: The plaintiff appealed an order from the Supreme Court, Nassau County, which denied his motion to serve and file a supplemental complaint aimed at enjoining the enforcement of a letter of credit.

Precedential Support

Application: The court's decision was supported by precedents, indicating the consistent application of legal principles from past cases.

Reasoning: The ruling referenced precedents from Sanford v. Sanford and Fisher v. Carter Industries to support its decision.