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LEVIN v. 40 REALTY, INC.

54 N.Y.2d 624 (1981)

Dorothy S. Levin, as Executrix of Pauline Spanierman, Deceased, et al., Appellants, v. 40 Realty, Inc., Respondent.

Court of Appeals of the State of New York.

Decided June 16, 1981.

Attorney(s) appearing for the Case

Michael A. Richman for appellant.

Alvin P. Bluthman and Nathan Cyperstein for 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 motion to dismiss the action unconditionally pursuant to CPLR 3216 (Pennisi v City of New York, 53 N.Y.2d 779

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