Phil Collins Construction Inc. v. Hollis

Appeal from an order of the Supreme Court (Demarest, J.), entered November 8, 1996 in St. Lawrence County, which granted defendant Kirk Hollis’ motion to dismiss the complaint for lack of prosecution.

In view of plaintiffs failure to file a note of issue or to move to extend the period for compliance within 90 days following plaintiffs June 29, 1996 receipt of defendants’ demand pursuant to CPLR 3216 (b) (3) and plaintiffs further failure to oppose defendants’ dismissal motion with a justifiable excuse and an adequate showing of merit, Supreme Court acted well within its discretion in…