Tremblay v. McCabe

¶1— Order unanimously reversed, without costs, motion granted, and complaint dismissed. Memorandum: Plaintiff has failed to make any showing of merit to his action or advance any reasonable excuse for the failure to file a note of issue and a certificate of readiness and the court abused its discretion in denying defendant’s motion to dismiss. (Appeal from order of Supreme Court, Erie County, Mattina, J. — dismiss complaint.) Present — Simons, J. P., Doerr, Denman, Boomer and Moule, JJ.