In this personal injury action arising out of an auto accident, issue was joined in November of 1979. Following defendants' motion to preclude, for discovery, and for authorization to obtain medical reports, plaintiff was served on August 6, 1982 with a CPLR 3216 90-day demand to file a note of issue. Special Term granted defendants' motion to dismiss made four months later, giving rise to this appeal. The sanction of dismissal will be avoided only upon demonstration of a...
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