Pryce v. Montefiore Medical Center

Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered October 18, 2012, which granted defendant’s motion pursuant to CPLR 3216 to dismiss the complaint, and denied plaintiffs’ cross motion seeking to extend their time to file a note of issue, unanimously affirmed, without costs.

To avoid dismissal for failure to prosecute, “CPLR 3216 (e) requires a showing of justifiable excuse and a meritorious cause of action when the party served with a 90-day notice Tails to serve and file a note of issue within such ninety day period’ ” (Grant v City of New York, 17 AD3d 215, 216 [1st Dept…