Scarborough v. Zimmon — 56 N.Y.2d 784

Majority

p. 784

Lucille M. Scarborough et al., Appellants, v David S. Zimmon et al., Defendants, and St. Vincent’s Hospital and Medical Center of New York, Respondent.

Decided May 20, 1982

p. 785

APPEARANCES OF COUNSEL

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

Jeffrey M. Wilkens for respondent.

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 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 NY2d 594 ).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

Cases cited

Barasch v. Micucci 49 NY2d 594 N.Y. 1980-03-25 p. 785