Cook v. Blue Ridge Insurance

—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendant’s motion to dismiss the complaint pursuant to CPLR 3216. In order to defeat defendant’s motion, it was incumbent upon plaintiff to show a justifiable excuse for failure to file a note of issue within the 90-day period following defendant’s demand, and to establish that he has a meritorious cause of action (see, CPLR 3216 [e]; Zent v Board of Educ., 174 AD2d 1047; Charlotte Lake Riv. Assocs. v American Ins. Co., 130 AD2d 947, lv denied 70 NY2d 605).…