On July 27, 1994, nearly eight years after the occurrence forming the basis for plaintiff's claim and nearly five years after the commencement of this action, defendant served a demand pursuant to CPLR 3216 (b) (3) that plaintiff file a note of issue within 90 days. Plaintiff took no action within that 90-day period. In December 1994, defendant moved to dismiss the action on the ground, among others...
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