The court properly exercised its discretion in concluding that the circumstances did not warrant dismissal for want of prosecution, even though plaintiffs failed to file a note of issue within 90 days of defendant Otis's demand or to submit an affidavit outlining the meritorious nature of their case. We note that Otis served its 90-day demand only approximately 6 months after the end of a multi-year period of what even Otis does not dispute was active and extensive discovery...
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