The underlying action in this case was commenced by plaintiff in 1981 to recover damages for a fire loss sustained in 1980. Following joinder of issue, defendant Berkshire Mutual Insurance Company served a demand upon plaintiff in June 1985 to file a note of issue. In September 1985, after more than 90 days elapsed without compliance with the demand, Berkshire and defendant New York Property Insurance Underwriting Association (hereinafter defendant...
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