OPINION OF THE COURT
CHAMBERS, J.
We reaffirm the principle that, absent a 90-day demand to file a note of issue pursuant to CPLR 3216, the doctrine of laches or the failure to prosecute is not a basis for dismissing a pre-note-of-issue case.
In May 1992, the then-six-year-old plaintiff allegedly slipped and fell on some water in the bathroom of his school. In October 1992, after a notice of claim...
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