Plaintiff commenced a medical malpractice and wrongful death claim against Defendant. More than one year after Defendant joined issue and served discovery demands, plaintiff failed to provide any discovery or a Verified Bill of Particulars. We served plaintiff with a 90-day notice pursuant to CPLR 3216, demanding that she resume prosecution of her claim and file a Note of Issue within 90 days. Plaintiff did not resume prosecution of her claim and did not file a Note of Issue. We moved on behalf of our client to dismiss plaintiff’s complaint pursuant to CPLR 3216 for her failure to prosecute the claim. The court granted our motion and dismissed plaintiff’s complaint with prejudice.