REESE v. McDANIEL

Plaintiff's excuse for failing to comply with defendants' 90-day demand and then for failing to offer an excuse for such noncompliance on his first motion to renew or reargue — that he was incarcerated at all relevant times and did not want to reveal that fact for fear of prejudicing his position in settlement negotiations — is of dubious validity with respect to the original motion to dismiss and of no validity with respect to plaintiff's first motion to renew.

Concur — Milonas, J.P., Wallach, Ross and Mazzarelli, JJ.