New York Court of Appeals, 1982

Premo v. Cornell

New York Court of Appeals · Decided February 16, 1982

55 N.Y.2d 962; 449 N.Y.S.2d 195; 434 N.E.2d 264; 1982 N.Y. LEXIS 3145

Cases that cite this one

4 later published cases cite this decision.

Gagnon v. J.S. International Shipping Corp. (Appellate Division of the Supreme Court of New York 2004)
Parker v. Mack (N.Y. 1984)
Battaglia v. Hofmeister (Appellate Division of the Supreme Court of New York 1984)
Eaton v. Equitable Life Assurance Society of United States, Inc. (N.Y. 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 review of submissions pursuant to rule 500.2 (b) of the Rule 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’ motion to dismiss the action pursuant to CPLR 3012 (subd [b]). Indeed, as we held in Barasch v Micucci (49 NY2d 594, 600-601), it would have been 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.