General
Bessie D. Robertson, Respondent, v. House of God Which Is the Church of the Living God the Pillar and Ground of the Truth Without Controversy, Inc., et al., Appellants
278 A.D.2d 884718 N.Y.S.2d 919·New York Supreme Court, Appellate Division·2000·NY
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Opinion
Bessie D. Robertson, Respondent, v House of God Which Is the Church of the Living God the Pillar and Ground of the Truth Without Controversy, Inc., et al., Appellants.
[718 NYS2d 919]
[MAJORITY]
Order unanimously affirmed without costs. Memorandum: Supreme Court did not abuse its discretion in denying defendants’ cross motion to dismiss the complaint pursuant to CPLR 3216 based on plaintiffs failure to file a timely note of issue. Plaintiff established a “good and meritorious cause of action” (CPLR 3216 [e]) and a justifiable excuse for the delay (see, Feeney v Benderson Dev. Co., 255 AD2d 965; see also, Baczkowski v Collins Constr. Co., 89 NY2d 499, 503). (Appeal from Order of Supreme Court, Onondaga County, Stone, J. — Dismiss Pleading.) Present — Pine, J. P., Wisner, Hurlbutt and Kehoe, JJ.