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BEVONA v. DAVID LIPTON/31 WEST 47TH STREET CO.

278 A.D.2d 104 (2000)

717 N.Y.S.2d 589

GUS BEVONA, as President of Local 32B-32J, Service Employees International Union, AFL-CIO, Appellant, v. DAVID LIPTON/31 WEST 47TH STREET CO. et al., Respondents.

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

Decided December 19, 2000.

Petitioner has demonstrated that his case was meritorious, that he had a reasonable excuse for the delay, that there was no intent on his part to abandon the matter, and that there was no prejudice to the opposing party (CPLR 3404; Ramputi v Timko Contr. Corp., 262 A.D.2d 26). It is apparent that law office failure explains the delay in moving to restore. In light of the merits of the petition and the absence of prejudice to

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