Azzoto v. City of Syracuse

— Order unanimously reversed on the law without costs, motions and cross motion granted and complaint dismissed. Memorandum: The trial court erred in denying defendants’ motions and defendant Spartan Motors, Inc.’s cross motion to dismiss the complaint for failure to file a note of issue pursuant to CPLR 3216 (b) (3) because plaintiff failed to proffer a reasonable excuse for his neglect in complying with the demand or to show the existence of a good and meritorious cause of action (see, CPLR 3216 [e]; McLennan v County of Erie, 154 AD2d 909; Mason v Simmons, 139 AD2d 880, 881; Alise v…