Jungels v. Herman Miller Co.

—Order unanimously affirmed without costs. Memorandum: Because plaintiff failed to offer a justifiable excuse for the delay and to submit material in evidentiary form demonstrating the existence of a meritorious cause of action, Supreme Court properly granted defendant’s motion to dismiss the complaint for lack of prosecution (see, CPLR 3216 [e]; Mosberg v Elahi, 80 NY2d 941; Schuman v Raymond Corp., 174 AD2d 1040, lv denied 78 NY2d 858; Zent v Board of Educ., 174 AD2d 1047). Plaintiff’s contentions that defendant had not fully complied with discovery demands and that it deliberately denied…