Miller v. Brust

Goldstein, J.,

dissents, and votes to affirm the order appealed from, with the following memorandum, in which Krausman, J., concurs. The Supreme Court issued a 90-day notice pursuant to CPLR 3216 at a compliance conference. Thereafter, by order dated June 7, 1999, the Supreme Court dismissed the action for failure to comply with the 90-day notice. The plaintiffs moved to vacate that order, asserting a reasonable excuse for the delay and a meritorious cause of action. Annexed as Exhibit D to their motion papers was a notarized affidavit of merit of a physician who was board certified in…