Defendants contend that Supreme Court erred in denying their motion to dismiss the complaint for plaintiffs' failure to comply with the 90-day demand to file a note of issue (CPLR 3216). According to defendants, the motion should have been granted because plaintiffs, who did not move before default to vacate the demand or extend the 90-day period, failed to demonstrate a justifiable excuse and meritorious cause of action (see, Mason...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
