Palomini v. Puglisi , 936 N.Y.2d 568 ( 2012 )

The Supreme Court providently exercised its discretion in denying the appellants’ motion pursuant to CPDR 3216 to dismiss the complaint as the plaintiff demonstrated a justifiable excuse for her delay in filing a note of issue, as well as the existence of a potentially meritorious cause of action (see Baczkowski v Collins Constr. Co., 89 NY2d 499, 503 [1997]; Kadyimov v Mackinnon, 82 AD3d 938 [2011]). Rivera, J.E, Florio, Eng, Hall and Cohen, JJ., concur.