After service of a bill of particulars in this malpractice case, nothing further was done by plaintiffs-respondents until defendant served a 45-day notice (CPLR 3216) almost two and one-half years later. It was received on August 21, 1973, but a note of issue was not filed until October 17, 1973, 57 days later. Meanwhile, the subject motion to dismiss was made, in opposition to which plaintiff cited (1) the illness of the attorney of record, (2) alleged prematurity of the...
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