Bage v. Wastestream, Inc.

Appeal from an order of the Supreme Court (Demarest, J.), entered May 20, 1997 in St. Lawrence County, which granted defendants’ motion to dismiss the complaint for failure to prosecute.

On November 5, 1993, plaintiff commenced this action by filing a summons and complaint. Throughout 1994, plaintiff produced documents demanded by defendants, answered inter*959rogatories and submitted to a deposition. Thereafter, on June 17, 1996, more than 2V2 years after commencement of the action, defendants served a 90-day notice pursuant to CPLR 3216 demanding that plaintiff file a note of issue within 90…