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NEVRUZOGLU v. OTSEGO MUT. FIRE INS. CO.

111 A.D.2d 227 (1985)

Mikael Nevruzoglu, Respondent, v. Otsego Mutual Fire Insurance Company, Appellant

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

May 13, 1985

Order affirmed, with costs.

Special Term did not abuse its discretion in restoring this case since plaintiff never intended to abandon the action, but rather, delayed due to his belief that further pretrial discovery remained (see, CPLR 3404; Marco v Sachs, 10 N.Y.2d 542). In addition to establishing a reasonable excuse for his delay, plaintiff demonstrated a lack of any significant prejudice to defendant and the existence...

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