Opinion
May 12, 1997
Appeal from the Supreme Court, Westchester County (Fredman, J.).
Ordered that the order is affirmed, with costs.
Having been served with a 90-day demand pursuant to CPLR 3216, it was incumbent upon the plaintiff to comply with the demand by filing a note of issue or by moving, before the default date, to either vacate the demand or to extend the 90-day period (see, Turman v. Amity OBG Assocs., 170 A.D.2d 668; Papadopoulas v. R.B. Supply Corp., 152 A.D.2d 552). Having failed to do so, the plaintiff, to avoid the sanction of dismissal, was required to demonstrate a justifiable excuse for the delay in properly responding to the demand and that he had a meritorious cause of action (see, Papadopoulas v. R.B. Supply Corp., supra). The plaintiff has failed to satisfy either of these requirements.
Miller, J.P., Thompson, Joy and Luciano, JJ., concur.