Ordered that the judgment is affirmed, with costs.
Contrary to the plaintiff's contention, the written 90-day notice served by the defendant conformed to the provisions of CPLR 3216 (b) (3). The written notice demanded that the plaintiff resume prosecution of the action and serve and file a note of issue within 90 days after receipt of the demand, and also stated that the failure to comply with the demand will serve as a basis for a motion to dismiss the action (...
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