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ZIEGLER v. CITY OF NEW YORK

266 A.D.2d 536 (1999)

698 N.Y.S.2d 898

RANDALL ZIEGLER et al., Respondents, v. CITY OF NEW YORK et al., Defendants, and CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Defendant and Third-Party Plaintiff. NEW YORK PAVING, INC., Third-Party Defendant-Respondent; BROOKLYN UNION GAS COMPANY, Third-Party Defendant-Appellant. (And a Second Third-Party Action.)

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

Decided November 29, 1999.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the appellant's contention, the trial court properly vacated the automatic dismissal and restored the action to the trial calendar. The plaintiffs demonstrated an absence of intent to abandon the case, reasonable excuse for the delay, a meritorious cause of action, and lack of prejudice to the defendants (see,

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