Opinion
Decided June 11, 1981
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, J. RAYMOND AMYOT, J.
Michael J. Cunningham for appellant.
Jeremiah M. Hayes for Quentin L. Reutershan, respondent in first action.
George K. Myrus for Quentin L. Reutershan, respondent in second action.
Charles M. Manheim for Max O. Urbahn, 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 motions to dismiss the action as against defendants Urbahn, Reutershan, Koppers Company, Inc., and Aetna Casualty and Surety Company pursuant to CPLR 3216 (Pennisi v City of New York, 53 N.Y.2d 779).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.