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BRYANT v. BRYANT

116 Misc.2d 828 (1982)

Stephen Bryant, Plaintiff, v. Edith Bryant, Defendant. (Action No. 1.) Stephen Bryant, Also Known as Stephen McGill, Plaintiff, v. Edith Bryant, Defendant. (Action No. 2.)

Supreme Court, Monroe County.

October 1, 1982

Attorney(s) appearing for the Case

John E. Philippone for defendant. Rozetta Darby McDowell for plaintiff.

WILMER J. PATLOW, J.

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

Defendant wife relies upon Barasch v Micucci (49 N.Y.2d 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.

Having reaffirmed that the plaintiff must show a "reasonable...

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