TONELLO v. CARBORUNDUM COMPANY, 59 N.Y.2d 720 (1983)

450 N.E.2d 231, 463 N.Y.S.2d 425

JOHN A. TONELLO, as Administrator of the Estate of LOUISE R. TONELLO, Deceased, Appellant, v. CARBORUNDUM COMPANY, Respondent.

Court of Appeals of the State of New York.
Decided May 5, 1983

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, FREDERICK M. MARSHALL, J.

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Frank P. Della Posta for appellant.

Paul J. Suozzi 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 [g]), order affirmed, with costs. The Appellate Division correctly

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held that Special Term abused its discretion in denying defendant’s motion to dismiss pursuant to CPLR 3012 (subd [b]) (see, e.g., Barasch v Micucci, 49 N.Y.2d 594).

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