Levin v. 40 Realty, Inc.
New York Court of Appeals
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 Division abused its discretion in granting the motion to dismiss the action unconditionally pursuant to CPLR 3216 (Pennisi v City of New York, 53 NY2d 779).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.
2Cases cited1 opinion
- Pennisi v. City of New YorkNew York Court of Appeals · 1981
3Cited by7 opinions
- Stein v. Wainwright's Travel Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- Gohery v. Spartan Concrete Corp.New York Court of Appeals · 1982
- Billings v. Berkshire Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
- CIC International, Ltd. v. Swiss Bank Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Scott v. 99th Commercial Street, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
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