GOHERY v. SPARTAN CONCRETE CORP

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.