Geise v. Wetherill

—Order unanimously reversed on the law without costs, cross motion denied, motion granted and complaint dismissed. Memorandum: In response to the demand of defendants pursuant to CPLR 3216, plaintiff neither filed a note of issue nor moved to vacate the 90-day demand or to extend the time within which to file a note of issue. Consequently, to avoid dismissal, it was necessary for plaintiff to demonstrate a justifiable excuse for the delay and a *953meritorious cause of action (see, Baczkowski v Collins Constr. Co., 89 NY2d 499). Plaintiff did neither. Plaintiff’s virtual inaction since 1991 when…