The plaintiffs failed to file an affidavit of merit in response to the defendants' motion to dismiss, and therefore the court at Special Term granted the motion. However, a bill of particulars in the record indicates merit to the claim in a degree sufficient to satisfy CPLR 3216. The plaintiffs have been lax in prosecuting the action, but the defendants have been un-co-operative in disclosure. Under the circumstances, the imposition of costs against counsel for the plaintiffs...
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