Order unanimously reversed on the law without costs, motion granted and complaint dismissed.
Memorandum:
In the absence of an opposing affidavit showing a justifiable excuse for the delay and a good and meritorious cause of action, the court abused its discretion in denying defendant's motion made pursuant to CPLR 3216 (e) to dismiss the complaint for failure to file a note of issue within 90 days after demand therefor (see, McLennan v County of...
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