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STEEN v. NEW DEAL DELIVERY SERV., INC.

54 N.Y.2d 796 (1981)

William E. Steen, Appellant, v. New Deal Delivery Service, Inc., Defendant, and 498 Seventh Avenue Associates et al., Respondents.

Court of Appeals of the State of New York.

Decided September 17, 1981.

Attorney(s) appearing for the Case

Abraham Reingold for appellant.

Harold M. Foster for respondents.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

On summary consideration, order affirmed, with costs. It cannot be said, as a matter of law, that the Appellate Division abused its discretion in dismissing the complaint pursuant to CPLR 3012 (subd [b]). As we held in Barasch v Micucci (49 N.Y.2d 594, 600-601), it would have constituted an abuse of discretion to have failed...

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