Ramcharan v. 625 Fulton Associates

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County *645(Jones, J.), dated November 16, 2000, which granted the motion of the defendant Herbert Construction Company pursuant to CPLR 3216 (a) to dismiss the complaint insofar as asserted against it for failure to prosecute.

Ordered that the order is affirmed, with costs.

CPLR 3216 “provides a party confronted with a less than diligent adversary with a means to expedite the prosecution of the action by serving upon him a written demand that he file a note of issue within 90…