In this medical malpractice action, defendant-appellant Dr. Herkus served a written demand upon plaintiff-respondent, pursuant to CPLR 3216 (b) (3), requiring respondent to serve a note of issue within 90 days. That written demand was served by certified mail and receipt by respondent was acknowledged on September 29, 1988.
No note of issue was filed by respondent within the 90-day period. In response to appellant's motion to dismiss for want of prosecution, respondent...
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