Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
We agree with the Supreme Court that dismissal of the complaint pursuant to CPLR 3216 for neglect to prosecute is not warranted. The plaintiffs demonstrated a justifiable excuse for their failure to properly respond to the 90-day notice, and also demonstrated a meritorious cause of action (see, Wynne v Wagner,
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.