PARKER v. GROCERY

Ordered that the order is affirmed, with costs.

An action dismissed pursuant to CPLR 3216 may be restored if the plaintiff can demonstrate both a reasonable excuse for a default and a meritorious cause of action ( see Bokhari v. Home Depot U.S.A., 4 AD3d 381, 382; cf. Fraga v. Smithaven Open MRI, 6 AD3d 494). Here, the plaintiff demonstrated a justifiable excuse for her failure to timely file the note of issue ( see Reyes v. Ross, 289 AD2d 554, 555; Eden v. Leone, 280 AD2d 578) and the existence of a meritorious cause of action ( see Matter of Simmons v. McSimmons, Inc., 261 AD2d 547, 548; Hansel v. Lamb, 227 AD2d 838). In this case, the Supreme Court providently exercised its discretion in granting the motion.