
    William E. Steen, Appellant, v New Deal Delivery Service, Inc., Defendant, and 498 Seventh Avenue Associates et al., Respondents.
    Decided September 17, 1981
    
      APPEARANCES OF COUNSEL
    
      Abraham Reingold for appellant.
    
      Harold M. Foster for respondents.
   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 j). 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.  