Plaintiff's notice does not literally satisfy the requirements of a 90-day notice pursuant to CPLR 3216. However, as Special Term noted, the rules changed, while this action was pending, to require a precalendar conference prior to serving and filing a note of issue and statement of readiness. (Rules of Sup Ct, NY & Bronx Counties, 22 NYCRR 660.35.) Here, issue was joined more than one year prior to promulgation of the rule. On the facts of this case, it was not an abuse...
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