We are satisfied that plaintiff's failure to file a note of issue within 90 days of defendants' CPLR 3216 demand was largely attributable to defendants' refusal to comply with the notices to take their depositions and for production of documents that plaintiff served in response to the demand. Accordingly, the motion to dismiss was properly denied, even without a medical affidavit demonstrating the merits of the action (see, Matter of Simmons v McSimmons, Inc.,
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DONEGAN v. ST. JOSEPH'S MEDICAL CENTER
283 A.D.2d 152 (2001)
724 N.Y.S.2d 582
NORA T. DONEGAN, Respondent, v. ST. JOSEPH'S MEDICAL CENTER et al., Appellants, et al., Defendant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided May 1, 2001.
Decided May 1, 2001.
Appellate Division of the Supreme Court of the State of New York, First Department.
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