McClure v. County of Niagara

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Defendants appeal from Supreme Court’s denial of their motions to dismiss the complaint for plaintiff’s failure to comply with a 90-day demand pursuant to CPLR 3216. Plaintiff filed a note of issue and certificate of readiness in response to the demand, but failed to serve defendants as required by CPLR 3216. To defeat the motions, plaintiff had to show a justifiable excuse for failing to serve the note of issue within the 90-day period following defendants’ demand, and…