Tonello v. Carborundum Co.

New York Court of Appeals May 5, 1983

Tonello v. Carborundum Co., 59 N.Y.2d 720 (N.Y. 1983)

463 N.Y.S.2d 425; 450 N.E.2d 231; 1983 N.Y. LEXIS 3083

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.

Reference

Full Case Name: John A. Tonello, as Administrator of the Estate of Louise R. Tonello v. Carborundum Company
Cited By: 10 cases
Status: Published