Gohery v. Spartan Concrete Corp.

New York Court of Appeals

Gohery v. Spartan Concrete Corp.

437 N.E.2d 1157, 56 N.Y.2d 785, 452 N.Y.S.2d 400, 1982 N.Y. LEXIS 3436

New York Court of Appeals·Decided May 20, 1982·Published·Cited by 10 cases

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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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.

Gohery v. Spartan Concrete Corp., 437 N.E.2d 1157, 56 N.Y.2d 785, 452 N.Y.S.2d 400, 1982 N.Y. LEXIS 3436 (N.Y. 1982).

Pincite

437 N.E.2d 1157 (Gohery v. Spartan Concrete Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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