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RUBERTO v. KANDEL

174 A.D.2d 660 (1991)

Annible Ruberto, Respondent, v. Stuart N. Kandel et al., Appellants

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

June 17, 1991

Ordered that the order is affirmed, with one bill of costs payable by the appellants appearing separately and filing separate briefs.

In order to have his case restored to the trial calendar pursuant to CPLR 3404, the plaintiff was required to show a reasonable excuse for the delay in prosecution, a lack of prejudice to the defendants, and merit to his case (see, Stern v Astino, 161 A.D.2d...

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