Premo v. Cornell

Full title: CHLOE PREMO, Appellant, v. DONALD CORNELL et al., Respondents

Court: Court of Appeals of the State of New York

Date published: Feb 16, 1982

55 N.Y.2d 962 (N.Y. 1982)

449 N.Y.S.2d 195

434 N.E.2d 264

Opinion

Decided February 16, 1982

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, NORMAN L. HARVEY, J.

Robert G. Main, Jr., for appellant.

James P. Bessette for respondents.

On review of submissions pursuant to rule 500.2 (b) of the Rule 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' motion to dismiss the action pursuant to CPLR 3012 (subd [b]). Indeed, as we held in Barasch v Micucci ( 49 N.Y.2d 594, 600-601), it would have been an abuse of discretion to have failed to dismiss.

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