Scott v. 99th Commercial Street, Inc.

In an action, inter alia, to compel defendants to specifically perform the terms and conditions of a lease, defendants appeal from an order of the Supreme Court, Kings County (Morton, J.), dated October 30,1980, which conditionally granted defendants’ motion to dismiss the action. Order modified, on the law, by striking all language following the word, “granted”. As so modified, order affirmed, without costs or disbursements. To excuse a default in failing to timely serve and file a note of issue upon demand pursuant to CPLR 3216, a defaulting plaintiff must show both a reasonable excuse for…