Sacramone v. Tunick

In a dental malpractice action, defendant appeals from an order of the Supreme Court, Queens County, entered June 27, 1975, which denied his motion to dismiss the complaint pursuant to CPLR 3216. Order reversed, on the law, with $50 costs and disbursements, and motion granted. The alleged malpractice occurred on January 20, 1964. This action was commenced on June 30, 1967. The 45-day notice pursuant to CPLR 3216 was served in June, 1972. Plaintiffs served a note of issue on July 28, 1972, but failed to file it. It was only after defendant served a notice of motion to dismiss the complaint,…