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Jamaica Buses, Inc. v. Connor

52 N.Y.2d 868 Court N.Y. Decision date 1981-01-15 English

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p. 868
Jamaica Buses, Inc., Appellant, v Frank Connor et al., Respondents, et al., Defendants.
Decided January 15, 1981
APPEARANCES OF COUNSEL
Douglas A. Cooper and Jerome Cooper for appellant.
Peter J. McHugh for respondents.
p. 869
OPINION OF THE COURT

On summary consideration, order affirmed, with costs. 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, Fuchsberg and Meyer.

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