Opinion
January 14, 1988
Appeal from the Supreme Court, New York County (Burton S. Sherman, J.).
In light of the strong policy favoring disposition of actions on their merits (see, e.g., Collado v Quinones, 52 A.D.2d 534, 535), plaintiff's service, in response to defendant's 90-day notice, of the note of issue with statement of readiness one day late, coupled with the subsequent delay of, at most, several days in filing said document with the court, does not warrant the drastic remedy of dismissal, especially where defendant cannot show prejudice. (See, Paoli v Sullcraft Mfg. Co., 104 A.D.2d 333, 334.) Plaintiff's verified complaint and bill of particulars constitute a sufficient showing of merit for purposes of this motion. (CPLR 105 [t]; see, Salch v Paratore, 60 N.Y.2d 851, 853.)
Concur — Kupferman, J.P., Milonas, Kassal, Rosenberger and Ellerin, JJ.