EGBERT v. BLACK & DECKER, INC.


208 A.D.2d 674 (1994)

618 N.Y.S.2d 535

Thomas Egbert, Respondent, v. Black & Decker, Inc., et al., Appellants

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

October 17, 1994


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, and the plaintiff's motion is denied.

The Supreme Court improvidently exercised its discretion in granting the plaintiff's motion to restore the case to the trial calendar. The plaintiff failed to meet his burden of proving (1) that he has a meritorious cause of action, (2) that there is a reasonable cause for the delay, (3) that there is a lack of intent to abandon the...

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