Ordered that the order is reversed, on the law, with costs, and the motion is denied.
"[T]o vacate a dismissal pursuant to CPLR 3404, the plaintiff must establish the merits of the case, a reasonable excuse for the delay, the absence of an intent to abandon the matter, and the lack of prejudice to the nonmoving party if the case is restored to the calendar" (Iazzetta v Vicenzi,
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