Opinion
April 12, 1999
Appeal from the Supreme Court, Queens County (Durante, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying the motion to dismiss the complaint pursuant to CPLR 3216 for failure to prosecute (see, Baczkowski v. Collins Constr. Co., 89 N.Y.2d 499, 504). The plaintiff had a justifiable excuse for his failure to file a note of issue due to the neglect of his previous attorneys (see, Carte v. Segall, 134 A.D.2d 397).
The defendant's remaining contentions are without merit.
O'Brien, J. P., Ritter, Joy and Altman, JJ., concur.