Central School District No. 1 v. Perfetto & Whalen Construction Corp.

New York Court of Appeals
Central School District No. 1 v. Perfetto & Whalen Construction Corp., 53 N.Y.2d 1034 (N.Y. 1981)
425 N.E.2d 886; 442 N.Y.S.2d 498; 1981 N.Y. LEXIS 2561

Central School District No. 1 v. Perfetto & Whalen Construction Corp.

Opinion of the Court

OPINION OF THE COURT

On summary consideration, order affirmed, with costs. It cannot be said, as a matter of law, that the Appellate Division abused its discretion in granting the motions to dismiss the action as against defendants Urbahn, Reutershan, Koppers Company, Inc., and Aetna Casualty and Surety Company pursuant to CPLR 3216 (Pennisi v City of New York, 53 NY2d 779).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

Reference

Full Case Name
Central School District No. 1 of the Towns of Malone, Bangor, Burke, Constable, Bellmont, Westville, Brandon, Duane and Franklin v. Perfetto and Whalen Construction Corp., and Quentin L. Reutershan, (And Another Action.)
Cited By
5 cases
Status
Published