Northern Source, LLC v. Kousouros

Order, Supreme Court, New York County (Paul G. Feinman, J.), entered February 24, 2012, which, in this action alleging legal malpractice, denied plaintiff’s motion to vacate an order, same court and Justice, entered February 11, 2010, granting, on plaintiffs default, defendant’s motion to dismiss the complaint for failure to prosecute after service of a 90-day notice to resume *572prosecution of the action and to file a note of issue, unanimously affirmed, without costs.

The motion court providently exercised its discretion in finding, pursuant to CPLR 5015 (a) (1), that plaintiff did not provide…