Although plaintiff defaulted on the motion to dismiss at Special Term, on the appeal she argues for the first time that since the 90-day notice, required by CPLR 3216 (subd [b], par [3]) was served more than 90 days prior to the expiration of one year from the date of joinder of issue, the notice should be treated as a nullity and the order of Special Term reversed. We disagree. Premature service of the 90-day notice is permissible (Meyer v Ford Motor Co.,
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