BANKERS TRUST HUDSON VALLEY v. BRESSMAN

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [b]), order affirmed, with costs. It was error as a matter of law to have denied the motion to dismiss where plaintiff deliberately chose not to serve the complaint within the prescribed time (see Barasch v Micucci, 49 N.Y.2d 594).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.