Ordered that the order is reversed, on the facts, with costs, the motion is granted, and the complaint is dismissed insofar as asserted against the defendant New York Eye and Ear Infirmary.
The Supreme Court improvidently exercised its discretion in denying the appellant's motion to dismiss the plaintiff's complaint insofar as asserted against it. At the time the appellant served its first 90-day demand pursuant to CPLR 3216 on October 11, 1988, it was incumbent upon...
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