Ordered that the order is affirmed, without costs or disbursements.
The court providently granted reargument and vacated its order of dismissal, reinstating the note of issue. The plaintiff timely served its note of issue within 90 days pursuant to the defendants' demand and filed it only three days later. This short delay in filing does not merit the drastic remedy of dismissal (see, Schaffer v Route Messenger Serv.,
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