Gavillan v. City of New York

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered on or about September 6, 2002, which granted the Pena defendants’ motion to dismiss the complaint for failure to prosecute, and order, same court and Justice, entered November 21, 2003, which, to the extent appealable, denied plaintiffs motion for renewal of her response to the prior motion, unanimously affirmed, without costs.

On the initial motion, plaintiff failed to show a meritorious cause of action. She also failed to offer a reasonable excuse for not serving and filing a note of issue, for not responding to the Pena…