Opinion
Decided May 20, 1982
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ELI WAGER, J.
Robert J. Poulson, Jr., and Diane Dubiac for appellant.
Nathan Cyperstein and Alvin P. Bluthman for Tilles Investment Corporation, respondent.
Robert F. Saunderson for Peter Scalamandre Sons, Inc., 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 defendants-respondents' motions to dismiss the complaint pursuant to CPLR 3216 (see Levin v 40 Realty, 80 A.D.2d 515, affd 54 N.Y.2d 624; Sortino v Fisher, 20 A.D.2d 25).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.