
    Dorothy S. Levin, as Executrix of Pauline Spanierman, Deceased, et al., Appellants, v 40 Realty, Inc., Respondent.
    Decided June 16, 1981
    
      APPEARANCES OF COUNSEL
    
      Michael A. Richman for appellant.
    
      Alvin P. Bluthman and Nathan Cyperstein for respondent.
   OPINION OF THE COURT

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 NY2d 779).

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