Defendant served a 90-day notice on December 20, 2003 and moved to dismiss 10 months later on October 21, 2004. Plaintiff's attorney states that he attempted to file a note of issue in February 2004 but was told by the Clerk that he needed a stipulation or court order restoring the case to a calendar from which it had been stricken, apparently by mistake, in September 1998 (it is not clear what rule of court the Clerk was enforcing). It appears that plaintiff's attorney had...
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