Order unanimously reversed on the law without costs, motion granted and complaint dismissed.
Memorandum:
Supreme Court erred in denying defendant's motion to dismiss the complaint pursuant to CPLR 3216. In order to defeat defendant's motion, it was incumbent upon plaintiff to show a justifiable excuse for failure to file a note of issue within the 90-day period following defendant's demand, and to establish that he has a meritorious cause of action (see...
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