Opinion
October 27, 1998
Appeal from the Supreme Court, New York County (Richard. Lowe, III, J.).
The motion court's dismissal of plaintiff's action pursuant to CPLR 3216 for want of prosecution was proper. After unreasonably allowing her action to remain dormant for some 18 months subsequent to her appointment as administratrix of the original plantiff's estate, plaintiff failed to serve and file a note of issue within 90 days of third-party defendants' service of a demand therefor ( see, Baczkowski v. Collins Constr. Co., 89 N.Y.2d 499, 503). We note in further support of the motion court's determination that plaintiff failed to present an affidavit of merit demonstrating a good and meritorious cause of action ( see, CPLR 3216 [e]; see also, Pell v. Button, 44 A.D.2d 549, appeal dismissed 34 N.Y.2d 936).
Concur — Sullivan, J. P., Rosenberger, Nardelli, Williams and Andrias, JJ.