Ordered that the order is reversed, on the law, with costs, the motion is denied, the cross motion is granted, and the complaint is dismissed.
The Supreme Court improvidently exercised its discretion in granting the plaintiff's motion to vacate the 90-day demand (see CPLR 3216) and to extend the time to complete discovery, given the lengthy delay in prosecuting this action and the inadequate excuse for the delay. Accordingly, the defendant's cross motion pursuant...
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