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New York Court of Appeals, 1983

Tonello v. Carborundum Co.

Tonello v. Carborundum Co.
New York Court of Appeals · Decided May 5, 1983
59 N.Y.2d 720; 463 N.Y.S.2d 425; 450 N.E.2d 231; 1983 N.Y. LEXIS 3083

Tonello v. Carborundum Co.

Opinion of the Court

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 [g]), order affirmed, with costs. The Appellate Division cor*722rectly held that Special Term abused its discretion in denying defendant’s motion to dismiss pursuant to CPLR 3012 (subd [b]) (see, e.g., Barasch v Micucci, 49 NY2d 594).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons.

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

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