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DIAMOND v. J.B.J. MGMT. CO.

220 A.D.2d 378 (1995)

631 N.Y.S.2d 439

Michael Diamond, Respondent, v. J.B.J. Management Company, Appellant, et al., Defendants

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

October 2, 1995

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

Before a court may grant a motion to vacate the dismissal of an action pursuant to CPLR 3404, the plaintiff must establish all of the following: (1) a meritorious cause of action, (2) a reasonable excuse for the delay in prosecuting the action, (3) a lack of intent to abandon the action, and (4) a lack...

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