Opinion
December 27, 2000.
Appeal from Order of Supreme Court, Onondaga County, Stone, J. — Dismiss Pleading.
PRESENT: PINE, J. P., WISNER, HURLBUTT AND KEHOE, JJ.
Order unanimously affirmed without costs.
Memorandum:
Supreme Court did not abuse its discretion in denying defendants' cross motion to dismiss the complaint pursuant to CPLR 3216 based on plaintiff's failure to file a timely note of issue. Plaintiff established a "good and meritorious cause of action" (CPLR 3216 [e]) and a justifiable excuse for the delay ( see, Feeney v. Benderson Dev. Co., 255 A.D.2d 965; see also, Baczkowski v. Collins Constr. Co., 89 N.Y.2d 499, 503).