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AGUILERA v. 366 HEWES STREET ASSOCIATES, L.P.

265 A.D.2d 436 (1999)

696 N.Y.S.2d 851

LUISA M. AGUILERA, Respondent, v. 366 HEWES STREET ASSOCIATES, L.P., et al., Appellants.

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

Decided October 18, 1999.

Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion is denied.

A party seeking to restore a case to the trial calendar after it has been dismissed pursuant to CPLR 3404 must demonstrate 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 in the event that the case is restored to the trial calendar (see, Fico v Health Ins. Plan...

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