Appellate Division of the Supreme Court of the State of New York September 28, 2001 (Coleman v. Baker / Mellon Stuart Construction, Inc.)

—Order unani*925mously affirmed with costs. Memorandum: Defendant appeals from an order granting plaintiffs motion for reargument and, upon reargument, vacating the order dismissing the action for failure to prosecute and restoring the action to the trial calendar. We affirm.