Ordered that the order is reversed insofar as appealed from, with costs, the motion is granted and the cross motion is denied.
The respondent served the plaintiff with a 90-day notice (see, CPLR 3216 [b] [3]), which the plaintiff moved to strike. The respondent cross-moved to dismiss the complaint for failure to prosecute. The court denied the plaintiff's motion and granted the respondent's cross motion to dismiss the complaint. We now reverse. The record demonstrates...
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