Appellate Division of the Supreme Court of the State of New York May 21, 1982 (Ryder Truck Rental, Inc. v. Lewis)

— Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: The rule in Barasch v Micucci (49 NY2d 594) requires the unconditional dismissal of this action for failure to serve a complaint (CPLR 3012, subd [b]).