The action accrued on December 3, 1966 and was commenced by service of a summons and complaint on January 7, 1969. The answer was served on January 17, 1969 on which date appellant also served a demand for a bill of particulars. On January 26, 1970 appellant served a 45-day notice, pursuant to CPLR 3216 (subd. [b], par. [3]). Since there was no compliance with the demand, appellant moved to dismiss the complaint for delay in prosecution returnable on April 17, 1970. Special...
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