Drennon v. Faris Pharmacy, Inc.

—Judgment unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Plaintiff appeals from a judgment that dismissed her complaint for failure to file a note of issue and statement of readiness in response to defendants’ 90-day demand (see, CPLR 3216). In dismissing the action, the court implied that plaintiff’s delay in resuming prosecution was excusable, but held that plaintiff failed to make a meritorious showing of injury proximately resulting from defendants’ negligence. We conclude that plaintiff made an adequate showing of merit and that the…