Mikoll, J.
The sole question presented is whether Supreme Court abused its discretion in denying defendant's motion to dismiss the complaint based on plaintiffs failure to file a note of issue within 90 days of defendant's demand therefor.
Plaintiff commenced this medical malpractice and negligence action on January 29, 1996, and subsequently served an amended complaint which defendant answered in October 1996. Depositions were held in April 1997 and discovery...
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