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LEWIS v. WHEATON

63 A.D.2d 815 (1978)

Dorothy Lewis, Respondent, v. Mel Wheaton, Doing Business as Double Diamond Ranch, Appellant Dorothy Lewis, Respondent, v. Dee Wheaton, Doing Business as Double Diamond Ranch, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 19, 1978

Order unanimously reversed, without costs, and motion denied.

Memorandum:

Plaintiff's actions were dismissed on May 6, 1975 pursuant to CPLR 3404. It is well settled that where a case has been deemed abandoned and dismissed under CPLR 3404 "a motion to open the default and restore the case to the calendar will require the same kind of proof of merit, lack of prejudice to the opposing party and excusable neglect as...

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