Plaintiff's attorney asserts that the trial counsel he engaged in July 1997 did not advise him that the case was marked off the trial calendar in December 1997 for failure to produce certain expert disclosure, and that he did not learn of the resulting December 1998 CPLR 3404 dismissal until June 2000 when, in the course of merging his two offices, he retrieved the file from trial counsel. Defendant's attorney offered to stipulate to restoration upon her receipt of the expert...
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