Reed v. Duemmer

Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings, in accordance with the following memorandum: The court erred in dismissing as moot defendant’s motion to dismiss the complaint for failure to file a note of issue within 90 days of the demand. Plaintiff failed to provide an affidavit demonstrating a justifiable excuse for the delay and a meritorious cause of action (see, CPLR 3216 [e]; McLennan v County of Erie, 154 AD2d 909; Granville v Rappold Trucking Co., 134 *1003AD2d 914; Charlotte Lake Riv. Assocs. v American Ins. Co., 130 AD2d…