An action will not be dismissed for failure to prosecute, whether on the ground of general delay or for failure to serve and file a note of issue, unless there has first been served a 90-day notice.
Rezk v. New York Presbyt. Hospital/N.Y. Weill Cornell Ctr., NY Slip Op 06426 (2d Dep't August 28, 2019)
Here is the decision.
