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WARE v. PORTER

227 A.D.2d 214 (1996)

642 N.Y.S.2d 278

Avette Ware, Individually and as Mother and Natural Guardian of Thyias Merritt, an Infant, et al., Respondents, v. Lynn C. Porter, Appellant. (And a Third-Party Action.)

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

May 14, 1996

It is well-settled that once a case is dismissed pursuant to CPLR 3404, a party seeking to restore the case to the trial calendar must demonstrate that the case has merit, that a reasonable excuse for the delay exists, the absence of an intent to abandon the matter, and a lack of prejudice to the non-moving party in the event the case is restored to the trial calendar (Kopilas v Peterson, 206 A.D.2d 460...

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