Supreme Court providently dismissed the action for failure to prosecute. Defendant satisfied the requirements of CPLR 3216 (b) and plaintiff failed to show a reasonable excuse for not serving and filing a note of issue within 90 days of defendant's demand or for the delay in prosecuting this action before and after receiving the demand. Plaintiff also failed to submit an affidavit of merit from a person with knowledge of the facts supporting his claim of negligence, as required by CPLR 3216(e). Plaintiff's response to defendant's discovery demands in opposition to the CPLR 3216 motion does not relieve him from the statutory requirements.
Ali v. K&H Steinway, LLC, NY Slip Op 03380 (1st Dep't June 2, 2026)
