In this action, commenced in July 1984, to recover money damages occasioned by the sale of allegedly adulterated fuel, defendant, on July 16, 1985, served a 90-day demand pursuant to CPLR 3216. After plaintiff responded that it intended to resume discovery and to facilitate the taking of depositions by both parties, it was stipulated that plaintiff's time to file the note of issue was extended to December 18, 1985. Depositions of certain...
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