Novo v. Roth

Order, Supreme Court, New York County (Louis York, J.), entered December 4, 2002, which denied plaintiffs’ motion to vacate an earlier dismissal of their action for failure to file a timely note of issue, unanimously affirmed, without costs.

Plaintiffs have failed to offer a reasonable excuse for not complying with the court’s 90-day notice to file a note of issue. Counsel’s absence from his office during the week the note was due does not explain why someone else could not have done the filing, or why it was not simply filed sooner (see Gayle v Parker, 300 AD2d 145 [2002]).

In any event,…