New York Court of Appeals, 1981

Merchandise Presentation, Inc. v. Blumenfeld

New York Court of Appeals · Decided January 15, 1981

52 N.Y.2d 867; 418 N.E.2d 673; 437 N.Y.S.2d 80; 1981 N.Y. LEXIS 2189

Cases that cite this one

3 later published cases cite this decision.

Eaton v. Equitable Life Assurance Society of United States, Inc. (N.Y. 1982)
Hall v. Rothenberg (Appellate Division of the Supreme Court of New York 1982)
Bryant v. Bryant (New York Supreme Court 1982)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

On summary consideration, order affirmed, with costs. *868It cannot be said, as a matter of law, that the Appellate Division abused its discretion in dismissing the complaint pursuant to CPLR 3012 (subd [b]). Indeed, as we held in Barasch v Micucci (49 NY2d 594, 600-601), it would have constituted an abuse of discretion to have failed to dismiss.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Meyer. Taking no part: Judge Fuchsberg.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.