Opinion
December 26, 1991
Appeal from the Supreme Court, Oneida County, Shaheen, J.
Present — Denman, P.J., Doerr, Green, Lawton and Davis, JJ.
Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court abused its discretion in denying defendant's motion to dismiss plaintiff's complaint for failure to file a note of issue pursuant to defendant's demand. Plaintiff failed to establish a justifiable excuse and a meritorious cause of action (see, CPLR 3216 [e]; Skeet v Rashid, 124 A.D.2d 1035; MacLeod v Nolte, 106 A.D.2d 860, 861).