Gohery v. Spartan Concrete Corp.
New York Court of Appeals
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 [b]), order affirmed, with costs. It cannot be said, as a matter of law, that the Appellate Division abused its discretion in granting defendants-respondents’ motions to dismiss the complaint pursuant to CPLR 3216 (see Levin v 40 Realty, 80 AD2d 515, affd 54 NY2d 624; Sortino v Fisher, 20 AD2d 25).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.
2Cases cited3 opinions
- Sortino v. FisherAppellate Division of the Supreme Court of the State of New York · 1963
- Levin v. 40 Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
- Levin v. 40 Realty, Inc.New York Court of Appeals · 1981
3Cited by10 opinions
- Amodeo v. RadlerAppellate Division of the Supreme Court of the State of New York · 1982
- Carmichael v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 1984
- Courell v. KurznerAppellate Division of the Supreme Court of the State of New York · 1986
- Dolin v. Passero-Scardetta AssociatesAppellate Division of the Supreme Court of the State of New York · 1985
- Versatile Furniture Products, Inc. v. 32-8 Maujer Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
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