Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the complaint is dismissed.
"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" (Civello v Grossman,
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