
    David B. Thompson et al., Appellants, v County of Erie, Defendant, and Consolidated Rail Corporation, Respondent.
    Argued November 23, 1983;
    decided December 20, 1983
    
      APPEARANCES OF COUNSEL
    
      Francis M. Letro and Paul William Beltz for appellants.
    
      Harry F. Mooney for respondent.
   OPINION OF THE COURT

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.  