On December 8, 1997, after filing a note of issue, this action alleging discrimination based upon perceived sexual orientation was marked off the trial calendar, upon the parties' agreement that further disclosure was warranted. In April 1998, defendant took plaintiff's deposition, and plaintiff sent defendant a letter seeking to adjourn the deposition of other witnesses. On December 15, 1998, the action was dismissed pursuant to CPLR 3404 by operation of law. Plaintiff's...
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