Ordered that the judgment is affirmed, with costs.
The petitioner's motion to restore this proceeding to the calendar, made after the case lay dormant for almost five years, was properly denied due to her failure to submit the proof necessary to vacate an automatic dismissal under CPLR 3404. In order to prevail, the petitioner had to submit proof that she did not abandon the matter, that her case had merit and that the delay was excusable and did not prejudice the...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.