Appellate Division of the Supreme Court of the State of New York, Fourth Department.
Order unanimously reversed on the law without costs, motion granted and complaint dismissed.
Memorandum:
Plaintiff failed to demonstrate an acceptable excuse for her failure to file a note of issue within the 90-day demand period or the existence of a meritorious cause of action, and the motion to dismiss her medical malpractice complaint should have been granted (see, CPLR 3216 [e]; Walker v Town of Lockport,
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