Plaintiff did not respond to defendants' disclosure demands served simultaneously with or shortly after their answer, and had otherwise been utterly inactive when, two years later, defendants served a CPLR 3216 notice. Service of the notice required that plaintiff either file a note of issue within 90 days; or move, within 90 days, to vacate the notice or extend the 90-day period; or demonstrate, in opposition to a motion to dismiss, merit to the action and an excuse for...
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