Plaintiffs' failure to file, or to correctly file, the note of issue as required by a prior court order was properly excused where the note of issue was served on defendants, and all parties believed it had been filed until the error was discovered by plaintiffs and immediately rectified. A physician's affidavit, previously determined to be sufficient to defeat defendants' summary judgment motion, adequately demonstrated the merits of plaintiffs' malpractice case, their exchange...
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