Appellate Division of the Supreme Court of the State of New York November 6, 1995 (Przyjemski v. Surowaniec)

—In an action to recover *327damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Kings County (Dowd, J.), dated 'May 12, 1994, which denied his motion, inter alia, to dismiss the complaint for failure to prosecute pursuant to CPLR 3216.

Ordered that the order is affirmed, with costs.