Opinion
February 27, 1995
Appeal from the Supreme Court, Nassau County (Murphy, J.).
Ordered that the order is affirmed, with costs.
The excuse proffered by the plaintiff for his failure to timely serve a note of issue — that his attorney had lost the case file — was insufficient to defeat the defendant's motion to dismiss the complaint for failure to prosecute (see, CPLR 3215 [e]; Shu Chaing Chan v. Fendt, 187 A.D.2d 574; Papadopoulas v. R.B. Supply Corp., 152 A.D.2d 552). We additionally stress that the event which gave rise to this action occurred in 1979, that the action is more than 14 years old, and that no discovery has occurred since 1983 (see, Allstate Ins. Co. v. Seibert, 100 A.D.2d 562). Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.