Home/New York Court of Appeals/Merchandise Presentation, Inc. v. Blumenfeld

Merchandise Presentation, Inc. v. Blumenfeld

418 N.E.2d 673, 52 N.Y.2d 867, 437 N.Y.S.2d 80, 1981 N.Y. LEXIS 2189
CourtNew York Court of Appeals
DecidedJanuary 15, 1981
StatusPublished
Cited by3 cases

This text of 418 N.E.2d 673 (Merchandise Presentation, Inc. v. Blumenfeld) 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.

Bluebook
Merchandise Presentation, Inc. v. Blumenfeld, 418 N.E.2d 673, 52 N.Y.2d 867, 437 N.Y.S.2d 80, 1981 N.Y. LEXIS 2189 (N.Y. 1981).

Opinion

OPINION OF THE COURT

On summary consideration, order affirmed, with costs. [868]*868It cannot be said, as a matter of law, that the Appellate Division abused its discretion in dismissing the complaint pursuant to CPLR 3012 (subd [b]). Indeed, as we held in Barasch v Micucci (49 NY2d 594, 600-601), it would have constituted an abuse of discretion to have failed to dismiss.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Meyer. Taking no part: Judge Fuchsberg.

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116 Misc. 2d 828 (New York Supreme Court, 1982)
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438 N.E.2d 1119 (New York Court of Appeals, 1982)

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Bluebook (online)
418 N.E.2d 673, 52 N.Y.2d 867, 437 N.Y.S.2d 80, 1981 N.Y. LEXIS 2189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merchandise-presentation-inc-v-blumenfeld-ny-1981.