Opinion
Submitted June 6, 2001.
July 2, 2001.
In an action, inter alia, to recover damages for medical malpractice, the plaintiffs appeal from a judgment of the Supreme Court, Queens County (Milano, J.), entered September 1, 2000, which dismissed the complaint.
Ronald J. Chisena, West Hempstead, N.Y., for appellants.
Ellenberg Hutson, LLP, New York, N.Y. (Suzanne Rapisarda of counsel), for respondents Jerome S. Seiler, Post-Seiler, M.D., P.C., and Stephen S. Schuster.
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, LEO F. McGINITY, NANCY E. SMITH, BARRY A. COZIER, JJ.
ORDERED that the judgment is affirmed, with costs.
After properly being served with a 90-day notice, the plaintiffs failed to comply therewith by either filing a note of issue or moving, before the default date, to vacate the notice or extend the 90-day period (see, Turman v. Amity OBG Assocs., 170 A.D.2d 668). Accordingly, to avoid dismissal pursuant to CPLR 3216, the plaintiffs were required to provide a reasonable excuse for their default and to demonstrate a meritorious cause of action (see, CPLR 3216; Basso v. Lessing's Inc., 274 A.D.2d 488). The plaintiffs failed to satisfy either requirement. Accordingly, the Supreme Court properly dismissed the complaint.
RITTER, J.P., ALTMAN, McGINITY, SMITH and COZIER, JJ., concur.