MacLeod v. Nolte

Order unanimously reversed, on the law, without costs, motion granted and complaint dismissed. Memorandum: After defendants duly served a demand upon plaintiffs to file a note of issue within 90 days pursuant to CPLR 3216 (subd [b], par [3]), plaintiffs waited for almost six months before complying with the demand. In opposition to defendants’ motion to dismiss the complaint, only an attorney’s affidavit was offered alleging in conclusory fashion that plaintiffs have a meritorious cause of action and that the excuse for failing to comply with the demand was defendants’ failure to complete…