Ordered that the order is affirmed, with costs.
Contrary to the contention of the defendant David Cohan, the action was never properly dismissed pursuant to CPLR 3216(a). "A case cannot be dismissed pursuant to CPLR 3216(a)... unless a written demand is served upon `the party against whom such relief is sought' in accordance with the statutory requirements, along with a statement that the `default by the party upon whom such notice is served in complying with such...
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