Kennedy v. Henry Holland, Inc.

— Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: In opposing defendants’ separate motions to dismiss pursuant to CPLR 3216, plaintiffs failed to submit an affidavit of merit or to present any excuse for their failure to file a note of issue within the 90-day demand period (see, CPLR 3216 [e]). We reject plaintiffs’ claim that the verified complaint may be treated as the affidavit of merit. A verified pleading may serve as an affidavit of merit only where it sets forth evidentiary facts in such detail that it could…