Colonna & Co. v. Citibank, N. A., 86 A.D.2d 789 (N.Y. App. Div. 1982). · Go Syfert
Colonna & Co. v. Citibank, N. A., 86 A.D.2d 789 (N.Y. App. Div. 1982). Cases Citing This Book View Copy Cite
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cited 3× by 3 distinct cases, 1996–2024 · 2 courts · …a cause of action for defamation. at p. 790 ⚠ not in text
15 citation events (5 in the last 25 years) across 6 distinct courts.
Strongest positive: Reich v. Lopez (nysd, 2014-08-18)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (quoted) Reich v. Lopez
S.D.N.Y. · 2014 · quote attribution · 1 verbatim quote · confidence low
in looking for the reality and the essence of the action and not its mere name, we conclude from a fair reading of the complaint that plaintiffs claims do indeed sound in defamation of character.
discussed Cited as authority (rule) Karageorgis v. Papachristos
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
In considering whether the defamation exception to (a) (2) or (a) (3) longarm jurisdiction applies, courts must "look[] for the reality and the essence of the action and not its mere name." ( Findlay v Duthuit , 86 AD2d 789, 790 [1st Dept 1982]; cf. Entertainment Partners Group v Davis , 198 AD2d 63, 64 [1st Dept 1993] [holding for limitations purposes that a claim styled as one for tortious interference is subject to the one-year defamation statute of limitations "if, in fact, the claim seeks redress for injury to reputation"].) Here, the basis of plaintiff's tortious-interference claim is th…
discussed Cited as authority (rule) Gary Null & Associates, Inc. v. Phillips
N.Y. Sup. Ct. · 2010 · confidence medium
While plaintiff asserts that there are “essential jurisdictional facts that are not yet known,” it does not appear from the complaint or plaintiffs opposition papers that “facts essential to justify opposition may exist, but cannot now be stated.” (Copp v Ramirez, 62 AD3d at 31-32 , quoting Findlay v Duthuit, 86 AD2d 789, 791 [1st Dept 1982].) Thus, since plaintiff has failed to establish a basis under CPLR 302 (a) (1) for exercising personal jurisdiction over defendant Lee Phillips, the complaint must be dismissed.
discussed Cited as authority (rule) Copp v. Ramirez
N.Y. App. Div. · 2009 · confidence medium
Here, it does not appear from plaintiffs’ complaint or affidavits that “facts essential to justify opposition may exist, but cannot now be stated” (see Findlay v Duthuit, 86 AD2d 789, 791 [1982] [where this Court found the plaintiffs opposition to the motion to dismiss to be “frivolous”]).
cited Cited "see" Mirza v. Dolce Vida Medical Spa, LLC
S.D.N.Y. · 2024 · signal: see · confidence high
See Findlay v. Duthuit, 86 A.D.2d 789, 790 (1st Dept. 1982).
cited Cited "see" Cantor Fitzgerald, L.P. v. Peaslee
2d Cir. · 1996 · signal: see · confidence high
See Findlay v. Duthuit, 86 A.D.2d 789, 790 , 446 N.Y.S.2d 951, 952 (1st Dep’t 1982).
cited Cited "see" Cantor Fitzgerald v. Peaslee
2d Cir. · 1996 · signal: see · confidence high
See Findlay v. Duthuit, 86 A.D.2d 789, 790 , 446 N.Y.S.2d 951, 952 (1st Dep't 1982).
discussed Cited "see, e.g." International Customs Associates, Inc. v. Ford Motor Co.
S.D.N.Y. · 1995 · signal: see, e.g. · confidence low
See, e.g., Findlay v. Duthuit, 86 A.D.2d 789, 790-91 , 446 N.Y.S.2d 951, 953 (1st Dep't 1982) (denying discovery); see also Schumacher v. Sea Craft Indus., 101 A.D.2d 707, 707 , 475 N.Y.S.2d 690, 691 (4th Dep't 1984) (no discovery permitted where the plaintiff set forth "no basis for the unsubstantiated statements on which he attempts to found long-arm jurisdiction”). 11 .
Retrieving the full opinion text from the archive…
Colonna and Company, Inc.
v.
Citibank, N. A.
Appellate Division of the Supreme Court of the State of New York.
Feb 2, 1982.
86 A.D.2d 789
1982 N.Y. App. Div. LEXIS 15400

Order, Supreme Court, New York County (Stadtmauer, J.), entered October 14,1980 granting, upon reargument, plaintiff’s motion for summary judgment as to the issue of liability on the second and third causes of action, and other relief, is unanimously reversed, on the law, with costs, and plaintiff’s motion for summary judgment is denied, and the order appealed from is vacated in toto. Even apart from the question of applicability of subdivision (3) of section 3-419 of the Uniform Commercial Code, there appear to be questions of fact which preclude summary judgment at this time. Thus apart from the bald statement to that effect, and a statement by the attorney for the plaintiff that the alleged thief admitted it, there are no evidentiary facts establishing that “an employee of the plaintiff’s stole the checks [totaling $255,340] from plaintiff and opened the said account” with defendant bank, and that the employee stole and without authority used the corporate seal of plaintiff. (See Lambería v Long Is. R.R., 51 AD2d 730, 731.) Nor is there any explanation of how the continuous course of stealing of checks received from plaintiff’s customers went on for over a year without plaintiff noticing it, nor is there any indication of what the authority or position of the dishonest employee was. All of these are facts unavailable to the defendant and essentially available only to plaintiff. Such considerations make it unsafe to grant summary judgment, at least before full disclosure proceedings. (CPLR 3212, subd [f]; Terranova v Emil, 20 NY2d 493, 497; Proctor & Gamble Distr. Co. v Lawrence Amer. Field Warehousing Corp., 16 NY2d 344, 362.) Concur — Murphy, P. J., Carro, Markewich, Silverman and Lynch, JJ.