ROBINSON v. NEW YORK CITY TRANSIT AUTH.


203 A.D.2d 351 (1994)

610 N.Y.S.2d 296

Garcia Robinson, Respondent, v. New York City Transit Authority, Appellant

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

April 11, 1994


Ordered that the order is reversed, on the law, with costs, the plaintiff's motion is denied, and the complaint is dismissed.

In order to vacate a dismissal pursuant to CPLR 3404, the plaintiff must show a reasonable excuse for the delay, lack of prejudice to the adversary, a meritorious cause of action, and lack of intention to abandon (see, Gray v Sandoz Pharms., 158 A.D.2d 583). Here, the plaintiff failed to meet...

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