New York Court of Appeals, 1983

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

Cases that cite this one

10 later published cases cite this decision.

Barker v. Gervera (Appellate Division of the Supreme Court of New York 2023)
MCINTOSH, JOHN A. v. GENESEE VALLEY LASER CENTRE (Appellate Division of the Supreme Court of New York 2014)
McIntosh v. Genesee Valley Laser Centre (Appellate Division of the Supreme Court of New York 2014)
McIntosh v. Genesee Valley Laser Centre (Appellate Division of the Supreme Court of New York 2014)
BERGES, JUDITH A. v. PFIZER, INC. (Appellate Division of the Supreme Court of New York 2013)
Allstate Insurance v. Marrano Development Corp. (Appellate Division of the Supreme Court of New York 2006)
Pinkham v. Siemen's Analytical X-Ray Instruments, Inc. (Appellate Division of the Supreme Court of New York 1993)
Oversby v. Linde Division of Union Carbide Corp. (Appellate Division of the Supreme Court of New York 1986)
McNamara v. Past Time Pub, Inc. (Appellate Division of the Supreme Court of New York 1984)
Luksic v. Killmer (Appellate Division of the Supreme Court of New York 1984)

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 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.