Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is granted, and the complaint is dismissed.
The record contains proof that the defendant served the plaintiff with a 90-day notice pursuant to CPLR 3216 by certified mail. Having been served with the 90-day notice, the plaintiff was required to comply with it by timely filing a note of issue, or by moving, before the default date, to vacate the notice or to extend...
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