Merchandise Presentation Inc. v. Blumenfeld
| Court | New York Court of Appeals Court of Appeals |
| Writing for the Court | FUCHSBERG |
| Citation | Merchandise Presentation Inc. v. Blumenfeld, 437 N.Y.S.2d 80, 52 N.Y.2d 867 (N.Y. 1981) |
| Decision Date | 15 January 1981 |
| Parties | , 418 N.E.2d 673 MERCHANDISE PRESENTATION, INC., et al., Appellants, v. Jack BLUMENFELD, Respondent. |
On summary consideration, order affirmed, with costs. It cannot be said, as a matter of law, that the Appellate Division, 74 A.D.2d 523, 425 N.Y.S.2d 17, 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.
FUCHSBERG, J., taking no part.
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3 cases
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Eaton v. Equitable Life Assur. Soc. of U.S., Inc.
...N.E.2d 412 see, also, Cohen v. First Nat. City Bank, 52 N.Y.2d 863, 437 N.Y.S.2d 79, 418 N.E.2d 672; Merchandising Presentation v. Blumenfeld, 52 N.Y.2d 867, 437 N.Y.S.2d 80, 418 N.E.2d 673; Jamaica Buses v. Connor, 52 N.Y.2d 868, 437 N.Y.S.2d 80, 418 N.E.2d 673; Steen v. New Deal Delivery ......
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Bryant v. Bryant
...437 N.Y.S.2d 79, 418 N.E.2d 672, affing. 75 A.D.2d 837, 427 N.Y.S.2d 870 (nine-month delay) and Merchandise Presentation, Inc. v. Blumenfeld, 52 N.Y.2d 867, 437 N.Y.S.2d 80, 418 N.E.2d 673, affing. 74 A.D.2d 523, 425 N.Y.S.2d 17 (ten-month delay)) and its scope has even been expanded (see, ......
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Hall v. Rothenberg
...that offered here was recently rejected by the Court of Appeals, citing the Barasch decision, in Merchandise Presentation v. Blumenfeld, 52 N.Y.2d 867, 437 N.Y.S.2d 80, 418 N.E.2d 673, affg. 74 A.D.2d 523, 425 N.Y.S.2d 17; see, also, Cohen v. First Nat. City Bank, 75 A.D.2d 837, 427 N.Y.S.2......
