Legal Opinion
Tonello v. Carborundum Co.
New York Court of Appeals
Decided May 5, 1983PublishedCited by 10 opinions
1Opinion 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.
2Cases cited1 opinion
- Barasch v. MicucciNew York Court of Appeals · 1980
3Cited by10 opinions
- Oversby v. Linde Division of Union Carbide Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Luksic v. KillmerAppellate Division of the Supreme Court of the State of New York · 1984
- BERGES, JUDITH A. v. PFIZER, INC.Appellate Division of the Supreme Court of the State of New York · 2013
- McNamara v. Past Time Pub, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
- Allstate Insurance v. Marrano Development Corp.Appellate Division of the Supreme Court of the State of New York · 2006
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