Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion to dismiss the complaint pursuant to CPLR 3216 is granted, and the motion to dismiss the complaint pursuant to CPLR 3126 is denied as academic.
The plaintiff commenced this dental malpractice action in December 1996, and issue was joined in January 1997. Approximately five years later, after the plaintiff failed to respond to any of the defendant's discovery demands, the...
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