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Merchandise Presentation, Inc. v. Blumenfeld

52 N.Y.2d 867 Court N.Y. Decision date 1981-01-15 English

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p. 867
Merchandise Presentation, Inc., et al., Appellants, v Jack Blumenfeld, Respondent.
Decided January 15, 1981
APPEARANCES OF COUNSEL
Norman E. Frowley for appellants.
James A. Magee for respondent.

OPINION OF THE COURT

On summary consideration, order affirmed, with costs.

p. 868
It cannot be said, as a matter of law, that the Appellate Division abused its discretion in dismissing the complaint pursuant to CPLR 3012 (subd [b]). Indeed, as we held in Barasch v Micucci ( 49 NY2d 594 , 600-601), it would have constituted an abuse of discretion to have failed to dismiss.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Meyer. Taking no part: Judge Fuchsberg.

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