Jack Cohen v. First National City Bank

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 N.Y.2d 594, 600-601), it would have constituted an abuse of discretion to have failed to dismiss.