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WELCH v. GOOD SAMARITAN HOSPITAL

261 A.D.2d 612 (1999)

690 N.Y.S.2d 722

SUZANNE WELCH et al., Appellants, v. GOOD SAMARITAN HOSPITAL et al., Respondents.

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

Decided May 24, 1999.

Ordered that the order is affirmed, with costs.

A party seeking to restore an action which has been dismissed pursuant to CPLR 3404 must demonstrate a reasonable excuse for the delay in moving to restore the case to the calendar, the existence of a meritorious cause of action, an absence of intent to abandon the action, and lack of prejudice to the nonmoving party. All four components of the test must be satisfied in order to vacate the dismissal (see, Roland v...

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