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49-50 ASSOCS. v. FREE-TAN CORP.

248 A.D.2d 128 (1998)

669 N.Y.S.2d 556

49-50 Associates, Appellant-Respondent, v. Free-Tan Corp. et al., Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 3, 1998

The motion court's denial of defendants' CPLR 3216 motion to dismiss the complaint was proper since plaintiff sufficiently demonstrated the merit of its claims and a reasonable excuse for not filing its note of issue within 90 days after defendants' CPLR 3216 demand was served (see, Baczkowski v Collins Constr. Co., 89 N.Y.2d 499, 503).

The motion court also properly found that triable issues of fact exist with respect...

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