Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings, in accordance with the following memorandum:
The court erred in dismissing as moot defendant's motion to dismiss the complaint for failure to file a note of issue within 90 days of the demand. Plaintiff failed to provide an affidavit demonstrating a justifiable excuse for the delay and a meritorious cause of action (see, CPLR 3216 [e]; McLennan...
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