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  5. 53 N.Y.2d 1034 (1981)
 

CENT. SCH. DIST. NO. 1 OF THE TOWNS OF MALONE v. PERFETTO & WHALEN CONSTR. CORP.

53 N.Y.2d 1034 (1981)

Central School District No. 1 of the Towns of Malone, Bangor, Burke, Constable, Bellmont, Westville, Brandon, Duane and Franklin, Appellant, v. Perfetto and Whalen Construction Corp. et al., Defendants, and Quentin L. Reutershan et al., Respondents. (And Another Action.)

Court of Appeals of the State of New York.

Decided June 11, 1981.

Attorney(s) appearing for the Case

Michael J. Cunningham for appellant.

Jeremiah M. Hayes for Quentin L. Reutershan, respondent in first action.

George K. Myrus for Quentin L. Reutershan, respondent in second action.

Charles M. Manheim for Max O. Urbahn, respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

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 motions to dismiss the action as against defendants Urbahn, Reutershan, Koppers Company, Inc., and Aetna Casualty and Surety Company pursuant to CPLR 3216 (Pennisi v City of New York, 53 N.Y.2d 779

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