This is not a case of plaintiffs' general failure to prosecute or to timely file a note of issue. Plaintiffs were directed by discovery order dated September 23, 1988 to file a note of issue in this case by September 15, 1989. Plaintiffs did not do so, and nearly one year later, in or around August 1990, defendants moved to dismiss plaintiffs' complaint. Although this motion was defective, plaintiffs cross moved for an extension of time to file a note of issue, which motion...
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