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Tonello v. Carborundum Co.

59 N.Y.2d 720 Court N.Y. Decision date 1983-05-05 English

Contents

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p. 720
John A. Tonello, as Administrator of the Estate of Louise R. Tonello, Deceased, Appellant, v Carborundum Company, Respondent.
Decided May 5, 1983
p. 721
APPEARANCES OF COUNSEL
Frank P. Della Posta for appellant.
Paul J. Suozzi 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 [g]), order affirmed, with costs. The Appellate Division cor

p. 722
rectly held that Special Term abused its discretion in denying defendant’s motion to dismiss pursuant to CPLR 3012 (subd [b]) (see, e.g., Barasch v Micucci, 49 NY2d 594 ).

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

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