Plaintiffs' motion to restore their action, previously dismissed by operation of law pursuant to CPLR 3404 for want of prosecution, was properly denied in light of plaintiffs' failure to rebut the presumption of abandonment arising by reason of the CPLR 3404 dismissal, and in light of plaintiffs' failure to make the requisite showing of a reasonable excuse for the belatedness of their motion to restore and of a meritorious cause of action (see, Todd Co. v Birnbaum,
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121 GREENE STREET ASSOCIATES v. ANCHOR PLUMBING CORP.
258 A.D.2d 276 (1999)
682 N.Y.S.2d 857
121 GREENE STREET ASSOCIATES et al., Appellants, v. ANCHOR PLUMBING CORP. et al., Respondents. (And a Third-Party Action.)
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided February 4, 1999.
Decided February 4, 1999.
Appellate Division of the Supreme Court of the State of New York, First Department.
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