Cecere v. Peters

—Order, Supreme Court, Bronx *50County (Janice Bowman, J.), entered December 17, 1998, which granted defendants’ motion and cross motion to dismiss the complaint pursuant to CPLR 3216 for failure to prosecute, unanimously affirmed, without costs.

Plaintiff’s claim that defendants’ 90-day notice was defective pursuant to CPLR 3216 (b) (3), because it was not sent by registered or certified mail, was not raised in the motion court, and, accordingly, is not preserved for our review. Were we to consider it, we would find that any noncompliance by defendants with the statutorily prescribed form of…