New York Court of Appeals, 1981

Levin v. 40 Realty, Inc.

Levin v. 40 Realty, Inc.
New York Court of Appeals · Decided June 16, 1981
54 N.Y.2d 624; 425 N.E.2d 891; 442 N.Y.S.2d 502; 1981 N.Y. LEXIS 2589
Levin v. 40 Realty, Inc.

Cases that cite this one

7 later published cases cite this decision.

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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 motion to dismiss the action unconditionally 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.

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