Ordered that the order is reversed, on the law, with costs, the motion is granted, the cross motion is denied, and the complaint is dismissed.
The plaintiff commenced the instant shareholder's derivative action by summons and complaint in April 1984. Issue was joined in May 1984. In June of that year, the defendants served a demand for a bill of particulars, and the plaintiff served a bill that same month. Although in 1985, the plaintiff served a notice to take the...
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