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COLLINS v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

266 A.D.2d 178 (1999)

697 N.Y.S.2d 341

JAMES J. COLLINS, as Public Administrator of Queens County and as Administrator of the Estate of SHIV KOUMAR, Also Known as SHIV KUMAR, Deceased, Respondent, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Appellant, et al., Defendant.

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

Decided November 1, 1999.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is dismissed.

In order to successfully move to restore to the trial calendar an action which has been dismissed pursuant to CPLR 3404, a plaintiff must establish (1) a meritorious cause of action, (2) a reasonable excuse for the delay in prosecuting the action, (3) a lack of intent to abandon the action, and (4) a lack of prejudice to the defendants (see, Jeffs v...

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