Opinion
Argued November 23, 1983
Decided December 20, 1983
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, HENRY G. GOSSEL, J.
Francis M. Letro and Paul William Beltz for appellants.
Harry F. Mooney for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs.
On the record before us, it cannot be said as a matter of law that the Appellate Division abused its discretion in granting defendant's cross motion for summary judgment dismissing the complaint herein.
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur; Judge SIMONS taking no part.
Order affirmed, with costs, in a memorandum.