Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
"CPLR 3216 `provides a party confronted with a less than diligent adversary with a means to expedite the prosecution of the action by serving upon him a written demand that he file a note of issue within 90 days, or, in the event of a default, risk dismissal of the action' (Carte v Segall,
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