New York Court of Appeals, 1981

Steen v. New Deal Delivery Service, Inc.

New York Court of Appeals · Decided September 17, 1981

54 N.Y.2d 796; 427 N.E.2d 770; 443 N.Y.S.2d 611; 1981 N.Y. LEXIS 2714

Cases that cite this one

3 later published cases cite this decision.

Manhattan King David Restaurant, Inc. v. Nathanson (Appellate Division of the Supreme Court of New York 2000)
Eaton v. Equitable Life Assurance Society of United States, Inc. (N.Y. 1982)
Migliaccio v. Phoenix Insurance (Appellate Division of the Supreme Court of New York 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. 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.

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