Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.
It is well settled that when a party is served with a 90-day notice pursuant to CPLR 3216 and fails to comply with the notice by either filing a note of issue or moving, before the default date, to vacate the notice or extend the 90-day period, that party...
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