Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
A party served with a 90-day notice pursuant to CPLR 3216 must comply with the notice by filing a note of issue or by moving, before the expiration of the 90-day period, to either vacate the notice or extend the 90-day period (see, Allone v University Hosp.,
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