Gohery v. Spartan Concrete Corp.
This text of 437 N.E.2d 1157 (Gohery v. Spartan Concrete Corp.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
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Cite This Page — Counsel Stack
437 N.E.2d 1157, 56 N.Y.2d 785, 452 N.Y.S.2d 400, 1982 N.Y. LEXIS 3436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gohery-v-spartan-concrete-corp-ny-1982.