New York Supreme Court October 1, 1982 (Bryant v. Bryant)

opinion of the court

WlLMER J. PATLOW, J.

The court will first consider defendant’s application to dismiss plaintiff’s actions.

Defendant wife relies upon Barasch v Micucci (49 NY2d 594), the authoritative decision of the New York Court of Appeals construing CPLR 3012 (subd [b]), the statutory provision for dismissal upon failure to serve a complaint.