Opinion
November 25, 1991
Appeal from the Supreme Court, Suffolk County (Underwood, J.).
Ordered that the order is affirmed, with costs.
In order to successfully oppose the motion by the defendant to dismiss the complaint for failure to prosecute, the plaintiff was required to show an acceptable excuse for his default in responding to a 90-day notice served pursuant to CPLR 3216 and that he possessed a meritorious cause of action (see, Bush v Hayward, 156 A.D.2d 899; Papadopoulas v. R.B. Supply Corp., 152 A.D.2d 552; Mason v. Simmons, 139 A.D.2d 880). We find that the plaintiff failed to comply with these requirements. Kunzeman, J.P., Sullivan, Balletta and Copertino, JJ., concur.