Opinion
Decided April 9, 1981
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, CAHN, J.
Jerome D. Silberstein for appellant.
Louis J. Castellano, Jr., for respondent.
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 motion to dismiss the action unconditionally as against defendant Realux Realty, Inc., pursuant to CPLR 3216.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.