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
- Barasch v. MicucciNew York Court of Appeals · 1980
3Cited by3 opinions
- Migliaccio v. Phoenix InsuranceAppellate Division of the Supreme Court of the State of New York · 1982
- Manhattan King David Restaurant, Inc. v. NathansonAppellate Division of the Supreme Court of the State of New York · 2000
- Eaton v. Equitable Life Assurance Society of United States, Inc.New York Court of Appeals · 1982