Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The instant malpractice action was commenced on or about November 30, 1984. After issue was joined, the plaintiff served a bill of particulars on or about May 30, 1985. On January 29, 1988, the defendant served a 90-day notice pursuant to CPLR 3216 demanding that the plaintiff resume prosecution of the action. The plaintiff failed to either file a note...
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