Gohery v. Spartan Concrete Corp.
New York Court of Appeals
Gohery v. Spartan Concrete Corp., 56 N.Y.2d 785 (N.Y. 1982)
452 N.Y.S.2d 400; 437 N.E.2d 1157; 1982 N.Y. LEXIS 3436
Gohery v. Spartan Concrete Corp.
Opinion
OPINION OF THE COURT
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed, with costs. It cannot be said, as a matter of law, that the Appellate Division abused its discretion in granting defendants-respondents’ motions to dismiss the complaint pursuant to CPLR 3216 (see Levin v 40 Realty, 80 AD2d 515, affd 54 NY2d 624; Sortino v Fisher, 20 AD2d 25).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.
Reference
- Full Case Name
- James R. Gohery, Appellant, v. Spartan Concrete Corp., Defendant, and Tilles Investment Corporation Et Al., Respondents. (And a Third-Party Action.)
- Cited By
- 10 cases
- Status
- Published