Ordered that the order is affirmed insofar as appealed from, with costs.
The defendant's primary contention on appeal is that the Supreme Court erred in concluding that his demand for service of a note of issue within 90 days (see, CPLR 3216 [b]) was defective. This contention, however, was raised in the context of the defendant's application for reargument of a prior motion to dismiss the complaint. Although the Supreme Court effectively granted reargument...
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