Opinion
July 12, 1991
Appeal from the Supreme Court, Allegany County, Feeman, Jr., J.
Present — Callahan, J.P., Denman, Boomer, Balio and Lowery, JJ.
Order unanimously reversed on the law with costs, motion granted and complaint dismissed. Memorandum: Supreme Court abused its discretion in denying defendant Black's motion to dismiss plaintiff's complaint for lack of prosecution pursuant to CPLR 3216. In opposition to Black's motion to dismiss, plaintiff failed to show that she has a meritorious cause of action. She submitted an attorney's affidavit containing only conclusory allegations and that affidavit was insufficient to meet her burden (see, CPLR 3216 [e]; Mason v Simmons, 139 A.D.2d 880, 881; Charlotte Lake Riv. Assocs. v American Ins. Co., 130 A.D.2d 947, lv denied 70 N.Y.2d 605; see also, Marro v Bowler, 170 A.D.2d 947).