PELLEGRINO v. ST. AGNES HOSP., INC.


216 A.D.2d 447 (1995)

628 N.Y.S.2d 540

Giovannina Pellegrino et al., Respondents, v. St. Agnes Hospital, Inc., Doing Business as St. Agnes Hospital, Appellant

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

June 19, 1995


Ordered that the order is affirmed, with costs.

In a proper exercise of its discretion, a court may grant a request to vacate a dismissal for abandonment on the basis of failure to prosecute pursuant to CPLR 3404, provided that the plaintiff carries the affirmative burden of establishing all of the following four factors: (1) a meritorious cause of action, (2) a reasonable excuse for the delay, (3) a lack of intent to abandon the action, and (4) a lack of prejudice...

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