
    Jack Cohen, Appellant, v First National City Bank, Also Known as Citibank, N.A., Respondent.
    Decided January 15, 1981
    
      APPEARANCES OF COUNSEL
    
      Ira J. Raab and Erik Goldstein for appellant.
    
      Susan Belgard 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 dismissing the complaint pursuant to CPLR 3012 (subd [b]). Indeed, as we held in Barasch v Micucci (49 NY2d 594, 600-601), it would have constituted an abuse of discretion to have failed to dismiss.

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