Ordered that the judgment is reversed, on the law and as a matter of discretion, with costs, the motion is denied, the complaint is reinstated, and the order is modified accordingly.
Where a party is served with a 90-day notice pursuant to CPLR 3216, it is incumbent upon that party to comply with the notice by filing a note of issue or by moving, before the expiration of the 90-day period, either to vacate the notice or extend the 90-day period (see Brady v Benenson...
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