Steen v. New Deal Delivery Service, Inc.

New York Court of Appeals September 17, 1981

Steen v. New Deal Delivery Service, Inc., 54 N.Y.2d 796 (N.Y. 1981)

427 N.E.2d 770; 443 N.Y.S.2d 611; 1981 N.Y. LEXIS 2714

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 *798Division abused its discretion in dismissing the complaint pursuant to CPLR 3012 (subd [b j). 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, Fuchsberg and Meyer.

Reference

Full Case Name: William E. Steen v. New Deal Delivery Service, Inc., and 498 Seventh Avenue Associates
Cited By: 3 cases
Status: Published