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CADICHON v. FACELLE

2096, 2097, 16878/03

71 A.D.3d 520 (2010)

897 N.Y.S.2d 67

JULIETTE DeJOIE CADICHON et al., Appellants, v. THOMAS FACELLE, M.D., et al., Respondents.

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

Decided March 18, 2010.

It is well settled that to vacate the dismissal of an action dismissed pursuant to CPLR 3216, a plaintiff must demonstrate both a reasonable excuse for the failure to comply with the 90-day demand to serve and file a note of issue and a meritorious cause of action (Walker v City of New York, 46 A.D.3d 278 [2007]). Plaintiffs failed to offer a reasonable excuse for their failure to file the note of issue. Indeed, while plaintiffs...

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