Plaintiffs show that after the action was marked off the calendar pursuant to stipulation, their original attorney withdrew, their second attorney was unable to engage an expert and mistakenly believed that the stipulation made the one-year limitation in CPLR 3404 inapplicable, and that they were at all times in regular communication with their attorneys and otherwise actively involved in the case. Plaintiffs also make a strong showing of merit. Nor do we perceive undue prejudice...
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