Opinion
2629N.
Decided December 30, 2003.
Order, Supreme Court, New York County (Joan Madden, J.), entered November 8, 2002, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion to restore the case to the calendar, unanimously affirmed, without costs.
Roger J. Bernstein, for Plaintiff-Appellant.
Donna H. Bakalor, for Defendants-Respondents.
Before: Buckley, P.J., Andrias, Sullivan, Friedman, Gonzalez, JJ.
This case was initially dismissed for plaintiff's failure to comply with court orders for discovery and the filing of a note of issue, rather than for abandonment of prosecution ( cf. Johnson v. Minskoff Sons, 287 A.D.2d 233). In rejecting prior efforts to restore the case to the calendar, this Court has noted the absence of merit to plaintiff's claims ( 269 A.D.2d 319, lv denied in part and dismissed in part 95 N.Y.2d 860; 283 A.D.2d 333, lv dismissed 97 N.Y.2d 638).
We have considered plaintiff's remaining arguments and find them to be without merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.