Scarborough v. Zimmon

Full title: LUCILLE M. SCARBOROUGH et al., Appellants, v. DAVID S. ZIMMON et al.…

Court: Court of Appeals of the State of New York

Date published: May 20, 1982

56 N.Y.2d 784 (N.Y. 1982)

452 N.Y.S.2d 400

437 N.E.2d 1157

Opinion

Decided May 20, 1982

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, RICHARD D. ROSENBLOOM, J.

Raymond J. Pauley and Brian J. Barney for appellant.

Jeffrey M. Wilkens for 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 respondent's motion to dismiss the complaint as against it pursuant to CPLR 3012 (subd [b]) (see, e.g., Barasch v Micucci, 49 N.Y.2d 594).

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