Tonello v. Carborundum Co.

New York Court of Appeals

Tonello v. Carborundum Co.

450 N.E.2d 231, 59 N.Y.2d 720, 463 N.Y.S.2d 425, 1983 N.Y. LEXIS 3083

CourtNew York Court of Appeals

DecidedMay 5, 1983

StatusPublished

Cited by10 cases

This text of 450 N.E.2d 231 (Tonello v. Carborundum Co.) 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

Tonello v. Carborundum Co., 450 N.E.2d 231, 59 N.Y.2d 720, 463 N.Y.S.2d 425, 1983 N.Y. LEXIS 3083 (N.Y. 1983).

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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 [g]), order affirmed, with costs. The Appellate Division cor[722]*722rectly held that Special Term abused its discretion in denying defendant’s motion to dismiss pursuant to CPLR 3012 (subd [b]) (see, e.g., Barasch v Micucci, 49 NY2d 594).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons.

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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 [g]), order affirmed, with costs. The Appellate Division cor[722]*722rectly held that Special Term abused its discretion in denying defendant’s motion to dismiss pursuant to CPLR 3012 (subd [b]) (see, e.g., Barasch v Micucci, 49 NY2d 594).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons.

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Bluebook (online)

450 N.E.2d 231, 59 N.Y.2d 720, 463 N.Y.S.2d 425, 1983 N.Y. LEXIS 3083, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tonello-v-carborundum-co-ny-1983.

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