This medical malpractice action was commenced against defendants in January 1990. Issue was joined and certain pretrial proceedings were conducted. In September 1992, defendants served a demand upon plaintiff's attorney pursuant to CPLR 3216 to file a note of issue within 90 days. The 90-day period expired on or about December 15, 1992 without any attempt at compliance. Accordingly, defendants moved to dismiss the action in January 1993. In...
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