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HASSELT v. ALLEN

178 A.D.2d 266 (1991)

Joseph Hasselt et al., Appellants, v. Ella L. Allen et al., Respondents. (And a Third-Party Action.)

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

December 17, 1991

Plaintiffs failed to sustain their burden of showing a meritorious cause of action, a reasonable excuse for not restoring the action within one year after it was dismissed pursuant to CPLR 3404, lack of prejudice to the opposing party, and an intent not to abandon the action (Pak Chong Mar v New York Infirmary-Beekan Downtown Hosp., 161 A.D.2d 373). The showing of merit consisted of nothing more than a bare and conclusory affidavit...

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