Premo v. Cornell
| Court | New York Court of Appeals Court of Appeals |
| Writing for the Court | COOKE |
| Citation | Premo v. Cornell, 449 N.Y.S.2d 195, 55 N.Y.2d 962 (N.Y. 1982) |
| Decision Date | 16 February 1982 |
| Parties | , 434 N.E.2d 264 Chloe PREMO, Appellant, v. Donald CORNELL et al., Respondents. |
On review of submissions pursuant to Rule 500.2(b), order affirmed, with costs. It cannot be said, as a matter of law, that the Appellate Division, 83 A.D.2d 981, 442 N.Y.S.2d 831, abused its discretion in granting defendants' motion to dismiss the action pursuant to CPLR 3012 (subd. ). Indeed, as we held in Barasch v. Micucci, 49 N.Y.2d 594, 600-601, 427 N.Y.S.2d 732, 404 N.E.2d 1275, it would have been an abuse of discretion to have failed to dismiss.
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3 cases
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Parker v. Mack
...decision in Premo v. Cornell, 71 A.D.2d 223, 224, 423 N.Y.S.2d 64, on later app. 83 A.D.2d 981, 442 N.Y.S.2d 831, affd. 55 N.Y.2d 962, 449 N.Y.S.2d 195, 434 N.E.2d 264, stated that in view of the change made in CPLR 305 (subd. [b] ) by chapter 528 of the Laws of 1978 "from a permissive to a......
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Eaton v. Equitable Life Assur. Soc. of U.S., Inc.
...N.Y.S.2d 80, 418 N.E.2d 673; Steen v. New Deal Delivery Serv., 54 N.Y.2d 796, 443 N.Y.S.2d 611, 427 N.E.2d 770; Premo v. Cornell, 55 N.Y.2d 962, 449 N.Y.S.2d 195, 434 N.E.2d 264). In the immediate case, the question is whether the Appellate Division, because, in the interest of justice, it ......
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Battaglia v. Hofmeister
...at Special Term to question the authenticity of her excuse (cf. Premo v. Cornell, 83 A.D.2d 981, 442 N.Y.S.2d 831, affd. 55 N.Y.2d 962, 449 N.Y.S.2d 195, 434 N.E.2d 264; Glick v. Flick Realty Corp., 20 A.D.2d 876, 248 N.Y.S.2d 398). We conclude that defendant has proffered both a reasonable......
