CPLR 3216

The Second Department dismissed the action, for failure to comply with an order to file a note of issue within 90 days, in Anjum v. Karagoz, which was decided on February 19, 2008. In a compliance conference Order, Supreme Court specified that, if plaintiff did not file a note of issue within 90 days, the action would be deemed dismissed. Plaintiff's counsel signed the Order. Plaintiff did not comply, and did not move to extend the period for filing, and the action was dismissed.

To vacate the dismissal, plaintiff was required to demonstrate a justifiable excuse for not responding to the Order and a meritorious cause of action. The excuse that plaintiff had disappeared and did not maintain contact with his attorney was insufficient to justify plaintiff's delay of two years and nine months in responding to the Order.

New York practice point: The compliance conference Order had the same effect as a 90-day notice, pursuant to CPLR 3216.