Order unanimously reversed, without costs, motion granted, and complaint dismissed.
Memorandum:
Sixteen months after issue was joined, defendant, pursuant to CPLR 3216, served a written demand upon plaintiffs that they file and serve a note of issue within 90 days. Five months thereafter, defendant moved to dismiss the complaint for failure to comply with the demand. Special Term denied the motion and defendant appeals. We reverse. Plaintiffs' failure to provide...
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