On January 23, 1989 plaintiffs' note of issue and statement of readiness in this dental malpractice action was ordered stricken when their counsel was unable to proceed to trial. A court order permitted plaintiffs to refile without payment of additional fees and, although plaintiffs' counsel was so advised by the court clerk, he failed to refile. On July 10, 1990, defendants moved pursuant to CPLR 3404 to dismiss the complaint on abandonment...
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