Merchandise Presentation, Inc. v. Blumenfeld
52 N.Y.2d 867
NY
1981
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OPINION OF THE COURT

On summary consideration, order affirmed, with costs. *868It 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 and Meyer. Taking no part: Judge Fuchsberg.