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
Opinion
OPINION OF THE COURT
On summary consideration, order affirmed, with costs. [868] It 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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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).
418 N.E.2d 673 (Merchandise Presentation, Inc. v. Blumenfeld) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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