Opinion
May 4, 1998
Appeal from the Supreme Court, Queens County (Schmidt, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.
The defendants duly served on the plaintiff a demand pursuant to CPLR 3216 that she file a note of issue within 90 days or suffer the dismissal of her complaint (see, Baczkowski v. Collins Constr. Co., 89 N.Y.2d 499; Spierto v. Pennisi, 223 A.D.2d 537; Gache v. Incorporated Vil. of Freeport, 202 A.D.2d 470). Prior to the default date, the plaintiff failed either to file a note of issue, move to extend the time to file, or move to strike the defendants' demand (see, Baczkowski v. Collins Constr. Co. supra; Spierto v. Pennisi, supra; Gache v. Incorporated Vil. of Freeport, supra). Thus, in response to the defendants' subsequent motion to dismiss, the plaintiff was required to demonstrate both a justifiable excuse for her delay and a meritorious cause of action (CPLR 3216 [e]; see, Baczkowski v. Collins Constr. Co., supra; Spierto v. Pennisi, supra; Gache v. Incorporated Vil. of Freeport, supra). Because the plaintiff failed to do either, dismissal of her complaint is appropriate (see, Aalbue v. Flaherty, 202 A.D.2d 381; Grovey v. Gimbel Bros., 146 A.D.2d 742; Sortino v. Fisher, 20 A.D.2d 25).
Rosenblatt, J.P., Ritter, Krausman and Goldstein, JJ., concur.