Palomini v. Puglisi (91 A.D.3d 736, 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.