DeCook v. Bruno G.M.C. Truck Sales Corp.

OPINION OF THE COURT

Memorandum.

Order unanimously modified by granting defendant’s motion to dismiss the complaint; as so modified, affirmed without costs.

After receipt of a 90-day demand pursuant to CPLR 3216, plaintiff failed to comply by either moving to restore the case before the expiration of the 90-day period, or moving to vacate the notice or to extend the 90-day period. Moreover, plaintiff failed to provide a reasonable excuse to justify the delay in responding to the demand. Accordingly, defendant’s motion to dismiss the complaint should have been granted. Contrary to plaintiff’s…