
    James R. Gohery, Appellant, v Spartan Concrete Corp., Defendant, and Tilles Investment Corporation et al., Respondents. (And a Third-Party Action.)
    
      Decided May 20, 1982
    
      APPEARANCES OF COUNSEL
    
      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.
   OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 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 AD2d 515, affd 54 NY2d 624; Sortino v Fisher, 20 AD2d 25).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.  