Jamaica Buses, Inc. v. Connor

• Court: New York Court of Appeals Court of Appeals
• Citation: Jamaica Buses, Inc. v. Connor, 437 N.Y.S.2d 80, 52 N.Y.2d 868 (N.Y. 1981)
• Decision Date: 15 January 1981
• Parties: , 418 N.E.2d 673 JAMAICA BUSES, INC., Appellant, v. Frank CONNOR and Connor Trucking, Inc., Respondents, et al., Defendants.

Page 80

437 N.Y.S.2d 80

52 N.Y.2d 868, 418 N.E.2d 673

JAMAICA BUSES, INC., Appellant, v. Frank CONNOR and Connor Trucking, Inc., Respondents, et al., Defendants.

Court of Appeals of New York.

Jan. 15, 1981.

On summary consideration, order affirmed, with costs. It cannot be said, as a matter of law, that the Appellate Division, 78 A.D.2d 540, 432 N.Y.S.2d 201, abused its discretion in dismissing the complaint pursuant to CPLR 3012 (subd. (b)). Indeed, as we held in Barash v. Micucci, 49 N.Y.2d 594, 600-601, 427 N.Y.S.2d 732, 404 N.E.2d 1275, it would have constituted an abuse of discretion to have failed to dismiss.

All concur.