DECISION ORDER
ORDERED that the appeal from the order dated March 15, 2002, is dismissed; and it is further,
ORDERED that the order dated November 29, 2001, is affirmed insofar as appealed from; and it is further,
ORDERED that one bill of costs is awarded to the plaintiff.
The defendant contends that the instant action should be dismissed pursuant to the doctrine of laches (see First Nationwide Bank v. Calano, 223 A.D.2d 524). However, it is well settled that the doctrine of laches, "which bars recovery where a plaintiff's inaction has prejudiced the defendant and rendered recovery inequitable, has no application in actions at law" (Hilgendorff v. Hilgendorff, 241 A.D.2d 481; see Matter of County of Rockland v. Homicki, 227 A.D.2d 477; Gonzalez v. Chalpin, 159 A.D.2d 553, 555, affd 77 N.Y.2d 74).
The instant action to recover damages is an action at law (see Sager v. Friedman, 270 N.Y. 472; Stephens v. Meriden Britannia Co., 160 N.Y. 178).
If the defendant was troubled by the delay, its remedy was to serve a written demand that the plaintiff resume prosecution of the action and serve and file a note of issue within 90 days after receipt of the demand (see CPLR 3216[b][3]). The defendant failed to do so. It is well settled that "courts do not possess the power to dismiss an action for general delay where plaintiff has not been served with a 90-day demand to serve and file a note of issue" (Chase v. Scavuzzo, 87 N.Y.2d 228, 233; see Fernandez v. Minsky, 242 A.D.2d 665, 666; Weber v. Kessler, 224 A.D.2d 520, 521).
So much of the appeal from the order dated March 15, 2002, which denied that branch of the defendant's motion which was for leave to reargue, must be dismissed on the ground that no appeal lies from an order denying reargument. Additionally, the appeal must be otherwise dismissed since that branch of the defendant's motion which was to strike the plaintiff's note of issue dated January 14, 2002, remains pending and undecided (see Icahn v. Icahn, 295 A.D.2d 567; Katz v. Katz, 68 A.D.2d 536).
SMITH, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.