Jaffe v. Carol Management Corp.

—Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered March 18, 1999, which granted the motion of defendant Carol Management Corporation to dismiss the complaint as against it pursuant to CPLR 3216, granted the cross motion of defendant Brown, Harris, Stevens, Inc. to the extent of dismissing the complaint as against it pursuant to CPLR 3404, and denied plaintiffs cross motion to restore the case to the trial calendar, unanimously affirmed, without costs.

While plaintiffs health constituted a valid excuse for his failure to file the note of issue and to timely move to…