Wells Fargo Bank, N.A. v. Moran, NY Slip Op 04199 (2d Dep't July 16, 2025)
July 23, 2025
90-day demands.
Where a defendant serves a 90-day demand pursuant to CPLR 3216(b)(3), the plaintiff must comply with the demand by filing a note of issue or by moving, before the default date, either to vacate the demand or to extend the 90-day demand period. Here, the plaintiff did neither. Therefore, in opposition to the defendant's motion to dismiss the complaint, the plaintiff was required to demonstrate a justifiable excuse for the failure to timely abide by the 90-day demands, as well as the existence of a potentially meritorious cause of action, pursuant to CPLR 3216[e].
