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FISHMAN v. CITY OF NEW YORK

255 A.D.2d 485 (1998)

679 N.Y.S.2d 908

Micah Fishman, an Infant, by His Father and Natural Guardian, Edward Fishman, et al., Appellants, v. City of New York et al., Respondents

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

November 23, 1998

Ordered that the order is affirmed, with costs.

A party seeking to restore a matter to the trial calendar after it has been dismissed pursuant to CPLR 3404 must show the existence of a meritorious cause of action, a reasonable excuse for the delay, an intent not to abandon the matter, and lack of prejudice to the opposing party (see, Carco Group v Murphy, 233 A.D.2d 415; Bohlman v Lorenzen,

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