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STERN v. ASTINO

161 A.D.2d 757 (1990)

Kenneth Stern et al., Respondents, v. Joseph Astino et al., Appellants

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

May 29, 1990

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

In seeking to have their case restored to the Trial Calendar pursuant to CPLR 3404, the plaintiffs were required to show a reasonable excuse for the delay in prosecution, merit to their action, and a lack of prejudice to the defendants (see, Rodriguez v Middle Atl. Auto Leasing, 122 A.D.2d 720).

Upon a review of the record...

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