Citation Numbers: 53 N.Y.2d 1034, 425 N.E.2d 886, 442 N.Y.S.2d 498, 1981 N.Y. LEXIS 2561
Filed Date: 6/11/1981
Status: Precedential
Modified Date: 10/19/2024
OPINION OF THE COURT
On summary consideration, order affirmed, with costs. It cannot be said, as a matter of law, that the Appellate Division abused its discretion in granting the motions to dismiss the action as against defendants Urbahn, Reutershan, Koppers Company, Inc., and Aetna Casualty and Surety Company pursuant to CPLR 3216 (Pennisi v City of New York, 53 NY2d 779).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.