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Gohery v. Spartan Concrete Corp.

Court of Appeals of the State of New York
May 20, 1982
56 N.Y.2d 785 (N.Y. 1982)

Opinion

Decided May 20, 1982

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ELI WAGER, J.

Robert J. Poulson, Jr., and Diane Dubiac for appellant.

Nathan Cyperstein and Alvin P. Bluthman for Tilles Investment Corporation, respondent.

Robert F. Saunderson for Peter Scalamandre Sons, Inc., respondent.


On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 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 A.D.2d 515, affd 54 N.Y.2d 624; Sortino v Fisher, 20 A.D.2d 25).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.


Summaries of

Gohery v. Spartan Concrete Corp.

Court of Appeals of the State of New York
May 20, 1982
56 N.Y.2d 785 (N.Y. 1982)
Case details for

Gohery v. Spartan Concrete Corp.

Case Details

Full title:JAMES R. GOHERY, Appellant, v. SPARTAN CONCRETE CORP., Defendant, and…

Court:Court of Appeals of the State of New York

Date published: May 20, 1982

Citations

56 N.Y.2d 785 (N.Y. 1982)
452 N.Y.S.2d 400
437 N.E.2d 1157

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