Gleich v. Naiburg

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Murphy, J.), dated September 7, 1993, which granted the defendant’s motion to dismiss the complaint for failure to prosecute pursuant to CPLR 3216.

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,…