Ordered that the order is affirmed, with costs.
Under the circumstances of this case, including the stroke allegedly suffered by the plaintiff's attorney after service by the appellant of a 90-day notice pursuant to CPLR 3216, we cannot say that the Supreme Court was required to dismiss the complaint unconditionally (see, Capichiano v Montefiore Hosp., 118 A.D.2d 676). Rosenblatt, J.P., Eiber, O'Brien and Ritter, JJ., concur.