Order unanimously reversed, without costs, motion granted and complaint dismissed.
Memorandum:
Defendant's motion to dismiss the complaint should have been granted. The affidavit of defense counsel in support of the motion established that a 90-day demand pursuant to CPLR 3216 had been served on plaintiffs' counsel by certified mail and that plaintiffs had failed to file a note of issue within the statutory period. In opposing the motion plaintiffs merely...
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