Plaintiffs commenced the action in September, 1973. The answer was served in October, 1973. In August, 1975 the defendant bank moved to dismiss the action for failure to state a cause of action and want of prosecution. The action of the individual plaintiffs was dismissed on the first ground but dismissal of the corporate action was denied because of defendant bank's failure to serve a 45-day notice as required by CPLR 3216. Thereafter, the bank served the 3216 notice on...
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