Practice point: On receipt of a 90-day demand, pursuant to CPLR 3216, plaintiff must serve and file a timely note of issue, or move, before the default date, to vacate the demand or to extend the time, pursuant to CPLR 2004.
Student note: Otherwise, plaintiff must demonstrate a reasonable excuse for the delay and a potentially meritorious cause of action to avoid dismissal, pursuant to CPLR 3216[e].
Tomorrow's issue: Medical malpractice.
