BRAY v. THOR STEEL AND WELDING LTD.


275 A.D.2d 912 (2000)

713 N.Y.S.2d 400

BERNARD L. BRAY, Appellant, v. THOR STEEL AND WELDING LTD., Respondent and Third-Party Plaintiff. CHAMPION SAND AND GRAVEL, INC., Third-Party Defendant-Respondent.

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

Decided September 29, 2000.


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied plaintiff's motion to vacate the dismissal of the action pursuant to CPLR 3404. To prevail on the motion, plaintiff was required to demonstrate a meritorious cause of action, a reasonable excuse for his delay, his lack of intent to abandon the action and the absence of prejudice to defendant and third-party defendant if the action is restored to the trial calendar (see,...

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