MacIntosh Medical, P.C. v. State Farm Mutual Auto Insur. Co‪.‬

Defendant asserts in its motion papers to dismiss, that this action was instituted by plaintiff by service on defendant on June 30, 2003. Defendant served its answer on plaintiff on July 31, 2003 and filed a copy of said answer with the Court on August 18, 2003. On September 7, 2004 defendant served a 90 day notice to properly serve and file a Notice of Trial pursuant to CPLR 3216 on plaintiff by certified mail, return receipt requested. When plaintiff failed to place the case on the calendar within 90 days, defendant brought the within motion by service on plaintiff on May 5, 2005.