SCARBOROUGH v. ZIMMON, 56 N.Y.2d 784 (1982)

437 N.E.2d 1157, 452 N.Y.S.2d 400

LUCILLE M. SCARBOROUGH et al., Appellants, v. DAVID S. ZIMMON et al., Defendants, and ST. VINCENT’S HOSPITAL AND MEDICAL CENTER OF NEW YORK, Respondent.

Court of Appeals of the State of New York.
Decided May 20, 1982

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, RICHARD D. ROSENBLOOM, J.

Page 785

Raymond J. Pauley and Brian J. Barney for appellant.

Jeffrey M. Wilkens for respondent.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [b]), order affirmed, with costs. It cannot be said, as a matter of law, that the Appellate Division abused its discretion in granting respondent’s motion to dismiss the complaint as against it pursuant to CPLR 3012 (subd [b]) (see, e.g., Barasch v Micucci, 49 N.Y.2d 594).

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

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