Steen v. New Deal Delivery Service, Inc.

• Court: New York Court of Appeals Court of Appeals
• Citation: Steen v. New Deal Delivery Service, Inc., 443 N.Y.S.2d 611, 54 N.Y.2d 796 (N.Y. 1981)
• Decision Date: 17 September 1981
• Parties: , 427 N.E.2d 770 William E. STEEN, Appellant, v. NEW DEAL DELIVERY SERVICE, INC., Defendant, 498 Seventh Avenue Associates, a partnership, et al., Respondents.

Page 611

443 N.Y.S.2d 611

54 N.Y.2d 796, 427 N.E.2d 770

William E. STEEN, Appellant, v. NEW DEAL DELIVERY SERVICE, INC., Defendant, 498 Seventh Avenue Associates, a partnership, et al., Respondents.

Court of Appeals of New York.

Sept. 17, 1981.

On summary consideration, order affirmed, with costs. It cannot be said, as a matter of law, that the Appellate Division, 79 A.D.2d 963, 435 N.Y.S.2d 278, abused its discretion in dismissing the complaint pursuant to CPLR 3012 (subd. 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 constituted an abuse of discretion to have failed to...