DeSIMONE v. DiMARIA

Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion by denying the defendant's motion to dismiss the complaint for failure to prosecute. The 90-day notice pursuant to CPLR 3216 was served prior to the completion of discovery (see, Markarian v Hundert, 204 A.D.2d 697; Martinisi v. Cornwall Hosp., 177 A.D.2d 549), and the record fails to reveal any significant delay on the part of the plaintiff in prosecuting this action (see, CPLR 3216 [a]). Sullivan, J.P., Miller, Copertino, Joy and Friedmann, JJ., concur.