Ordered that the order is affirmed, with one bill of costs.
The defendant Good Samaritan Hospital and Medical Center failed to prove that it served the plaintiffs with a written demand requesting them to resume prosecution of the action and to serve and file a note of issue within 90 days. As such, the Supreme Court properly denied its motion to dismiss pursuant to CPLR 3216 (see CPLR 3216 [b]).
Although the defendant Anthony Baratta demonstrated that...
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