Ordered that the order is affirmed insofar as appealed from, with costs.
The compliance conference order dated February 26, 2004, inter alia, requiring the plaintiffs to file a note of issue on or before May 19, 2004, did not constitute a valid 90-day notice pursuant to CPLR 3216 because it required the filing of a note of issue within 82 days rather than 90 days. Therefore, the court was not authorized to dismiss the action pursuant to CPLR 3216 (see Wollman v...
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