HABIB v. MILLER


233 A.D.2d 480 (1996)

650 N.Y.S.2d 285

Mian K. Habib et al., Respondents, v. Morris Miller et al., Appellants

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

November 25, 1996


Ordered that the order is reversed, as a matter of discretion, with costs, and the motion to restore the action to the trial calendar is denied.

A party seeking to restore a case to a trial calendar after it has been dismissed pursuant to CPLR 3404 must demonstrate, among other things, the absence of an intent to abandon the matter and a reasonable excuse for its delay (see, Yacono v Waterman S. S. Co.,

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