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GOODSTEIN CONSTR. CORP. v. CITY OF NEW YORK

248 A.D.2d 166 (1998)

670 N.Y.S.2d 770

Goodstein Construction Corp. et al., Respondents, v. City of New York, Appellant

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

March 10, 1998

The motion to vacate dismissal of the action pursuant to CPLR 3404 was properly granted in light of the plaintiff's excusable lack of awareness that the case had been marked off the calendar at a time when an appeal was pending before the Court of Appeals, the activity during the period the case was off calendar, the lack of prejudice to defendant as a result of the delay in restoring the case, and the merit to the cause of action...

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