Opinion
December 15, 1997
Appeal from the Supreme Court, Westchester County (Donovan, J.).
Ordered that the order is affirmed, with costs.
The plaintiff failed to respond to the defendants' demands for a complaint pursuant to CPLR 3012 (b) until the instant motions were made over eight months later. The plaintiff's excuse for her default was a conclusory assertion of law office failure. She failed to submit an affidavit of merit. Under the circumstances dismissal of the action was warranted ( see, Kel Mgt. Corp. v. Rogers Wells, 64 N.Y.2d 904; Covello v. Covello, 119 A.D.2d 792; Courell v. Kurzner, 118 A.D.2d 677).
In light of our determination, the appellant's remaining contentions need not be addressed.
Rosenblatt, J. P., O'Brien, Thompson, Friedmann and Goldstein, JJ., concur.