Order unanimously reversed on the law with costs, motion granted and complaint dismissed.
Memorandum:
Defendant City of Rochester appeals from an order that denied its motion to dismiss pursuant to CPLR 3216 for failure to prosecute. In denying defendant's motion, the court granted plaintiff three weeks within which to resume prosecution by filing a note of issue.
We conclude that the action should be dismissed. In response to defendant City's 90-day...
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