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ORNSTEIN v. KENTUCKY FRIED CHICKEN OF GREAT NECK, INC.

121 A.D.2d 610 (1986)

Alan Ornstein et al., Respondents, v. Kentucky Fried Chicken of Great Neck, Inc., et al., Appellants

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

June 23, 1986

Order reversed, as a matter of discretion, with costs, and motion denied.

Restoration of a case to the Trial Calendar subsequent to an automatic dismissal pursuant to CPLR 3404 is a proper exercise of the court's discretion if the movant establishes the merit of the action, an excuse for the delay, lack of intent to deliberately default or abandon the action and a lack of prejudice to the nonmoving party (see,

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