Ordered that the order is affirmed, with costs.
The court did not improvidently exercise its discretion in denying the plaintiffs' motion to vacate the dismissal of the instant medical malpractice action pursuant to CPLR 3404. It is well settled that in order to restore a case which has been marked off the calendar, the plaintiff must establish the merits of the case, a reasonable excuse for the delay, the absence of an intent to abandon the matter, and the lack of...
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