Opinion
April 28, 1995
Appeal from the Supreme Court, Niagara County, Mintz, J.
Present — Denman, P.J., Lawton, Wesley, Balio and Davis, JJ.
Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendants' motion. Plaintiff failed to provide a sufficient excuse for her failure to file a note of issue within the 90-day demand period (see, Terry v Southern Container, 214 A.D.2d 983 [decided herewith]; Franck v CNY Anesthesia Group, 175 A.D.2d 605; MacLeod v Nolte, 106 A.D.2d 860; Barnard v Tops Friendly Mkts., 99 A.D.2d 654), and her attorney's affidavit, which contained only conclusory allegations of merit, is insufficient to demonstrate a meritorious cause of action (see, Terry v Southern Container, supra; Freer v Black, 175 A.D.2d 577, lv denied 78 N.Y.2d 862; Zent v Board of Educ., 174 A.D.2d 1047, 1048).