Opinion
2177
November 12, 2002.
Order, Supreme Court, New York County (Marilyn Shafer, J.), entered on or about April 9, 2002, which granted defendants' motion pursuant to CPLR 3216 to dismiss the complaint for failure to prosecute, and denied plaintiffs' cross motions as moot, unanimously affirmed, without costs.
STEPHEN C. GLASSER, for plaintiffs-appellants.
JOHN E. HORAN, for defendants-respondents.
Before: Buckley, J.P., Sullivan, Rubin, Friedman, Gonzalez, JJ.
The action was properly dismissed for failure to file a note of issue within 90 days of defendants' CPLR 3216 demand, made in June 1997, or to show a reasonable excuse for the extensive delays in prosecuting the action both before and after such demand (see Baczkowski v. Collins Constr. Co., 89 N.Y.2d 499, 503). Further, the IAS court properly held that plaintiffs' affidavit of merit lacked the necessary detail.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.