Scarborough v. Zimmon
437 N.E.2d 1157, 56 N.Y.2d 784, 452 N.Y.S.2d 400, 1982 N.Y. LEXIS 3435
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 respondent’s motion to dismiss the complaint as against it pursuant to CPLR 3012 (subd [b]) (see, e.g., Barasch v Micucci, 49 NY2d 594).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.
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Scarborough v. Zimmon, 437 N.E.2d 1157, 56 N.Y.2d 784, 452 N.Y.S.2d 400, 1982 N.Y. LEXIS 3435 (N.Y. 1982).
437 N.E.2d 1157 (Scarborough v. Zimmon) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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