Ordered that the order is affirmed, with costs.
Having received a 90-day notice pursuant to CPLR 3216 and having failed to comply with the notice by filing a note of issue or by moving, before the default date, either to vacate the notice or to extend the 90-day period, the plaintiff was required to demonstrate both a reasonable excuse for the default and the existence of a meritorious cause of action (see Allen v Makhnevich,
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.