Order unanimously reversed on the law without costs and motion granted.
Memorandum:
Defendants moved to dismiss the complaint alleging medical malpractice because of plaintiff's failure to comply with their CPLR 3216 demand to file a note of issue. In response to the motion, plaintiff failed to submit an affidavit of merit. The court granted the motion conditionally, giving plaintiff an additional 90 days to comply with the demand, and stating that it would...
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