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.

Having reaffirmed that the plaintiff must show a “reasonable excuse” for the delay, the Barasch court instructed (p 599): “While the decision as to what constitutes a reasonable excuse ordinarily lies within the sound discretion of the trial court,…