Legal Opinion

Steen v. New Deal Delivery Service, Inc.

New York Court of Appeals

Decided September 17, 1981PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

On summary consideration, order affirmed, with costs. It cannot be said, as a matter of law, that the Appellate *798Division abused its discretion in dismissing the complaint pursuant to CPLR 3012 (subd [b j). As we held in Barasch v Micucci (49 NY2d 594, 600-601), it would have constituted an abuse of discretion to have failed to dismiss.

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

2Cases cited1 opinion

  1. Barasch v. MicucciNew York Court of Appeals · 1980

3Cited by3 opinions

  1. Migliaccio v. Phoenix InsuranceAppellate Division of the Supreme Court of the State of New York · 1982
  2. Manhattan King David Restaurant, Inc. v. NathansonAppellate Division of the Supreme Court of the State of New York · 2000
  3. Eaton v. Equitable Life Assurance Society of United States, Inc.New York Court of Appeals · 1982