Majority
p. 909Patricia E. McLennan et al., Respondents, v County of Erie, Appellant. (And a Third-Party Action.)
Order unanimously reversed on the law with costs, motion granted and complaint dismissed. Memorandum: Since plaintiff did not provide a reasonable excuse for her failure to comply with defendant’s demand that she file a note of issue within 90 days, the trial court abused its discretion in denying defendant’s motion to dismiss the complaint (see, CPLR 3216 [e]; Mason v Simmons, 139 AD2d 880 ; Alise v Colapietro, 119 AD2d 921 ; MacLeod v Nolte, 106 AD2d 860 ). (Appeal from order of Supreme Court, Erie County, Kubiniec, J. — dismiss complaint.) Present — Dillon, P. J., Boomer, Green, Lawton and Davis, JJ.
Cases cited
- Mason v. Simmons 139 AD2d 880 p. 909
- Alise v. Colapietro 119 AD2d 921 p. 909