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Steen v. New Deal Delivery Service, Inc.

54 N.Y.2d 796 Court N.Y. Decision date 1981-09-17 English

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p. 796
William E. Steen, Appellant, v New Deal Delivery Service, Inc., Defendant, and 498 Seventh Avenue Associates et al., Respondents.
Decided September 17, 1981
p. 797
APPEARANCES OF COUNSEL
Abraham Reingold for appellant.
Harold M. Foster for respondents.

OPINION OF THE COURT

On summary consideration, order affirmed, with costs. It cannot be said, as a matter of law, that the Appellate

p. 798
Division abused its discretion in dismissing the complaint pursuant to CPLR 3012 (subd [b j). 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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