Practice point: After having been served with the demand, pursuant to 3216(b), a plaintiff must timely file a note of issue or move to vacate the demand or to extend the 90-day period. Vacatur of a default requires a reasonable excuse and a potentially meritorious cause of action.
Student note: CPLR 3216 authorizes, but does not require, dismissal of an action based on the plaintiff's unreasonable neglect to proceed.
Angamarca v. 47-51 Bridge St. Prop., LLC, NY Slip 08273 (2d Dep't December 5, 2018)
Here is the decision.
