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TWENTY-SIX REALTY ASSOCIATES v. LICHTSCHEIN

267 A.D.2d 148 (1999)

699 N.Y.S.2d 286

TWENTY-SIX REALTY ASSOCIATES, Appellant, v. MARK LICHTSCHEIN et al., Respondents.

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

Decided December 21, 1999.

An action marked off the preliminary conference calendar and not restored within one year is deemed abandoned and subject to automatic dismissal for neglect to prosecute (see, Boger v City of New York, 233 A.D.2d 182), albeit also subject to restoration upon a showing of a meritorious cause of action, a reasonable excuse for the delay, a lack of prejudice to the opposing party, and a lack of intent to abandon the action (see,...

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