Opinion
Decided June 16, 1981
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, FRITZ W. ALEXANDER, J.
Michael A. Richman for appellant.
Alvin P. Bluthman and Nathan Cyperstein 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 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.