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COX v. EDMISTER

122 A.D.2d 557 (1986)

Herbert G. Cox, Respondent, v. Walter H. Edmister et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 11, 1986

Order unanimously reversed, on the law, without costs, and motions granted.

Memorandum:

Our court has been consistent in holding that, to defeat a motion to dismiss pursuant to CPLR 3216, plaintiff must show a justifiable excuse for failure to file a note of issue within the 90-day period and a meritorious cause of action (see, e.g., Highlands Ins. Co. v Maddena Constr. Co., 109 A.D.2d 1071, 1072; MacLeod...

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