OPINION OF THE COURT

On summary consideration, order affirmed, with costs. It cannot be said, as a matter of law, that the Appellate *781Division abused its discretion in granting the motion to dismiss the action unconditionally as against defendant Realux Realty, Inc., pursuant to CPLR 3216.

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