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MAURICE v. MAHON

269 A.D.2d 186 (2000)

702 N.Y.S.2d 808

LISA MAURICE, Respondent, v. ADRIENNE MAHON et al., Appellants.

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

Decided February 8, 2000.

The action was properly restored upon a showing of an absence of prejudice to defendants attributable to the eight-month delay between the CPLR 3404 automatic dismissal of the action and plaintiff's motion to restore, a reasonable excuse for the delay, a meritorious cause of action and lack of intent to abandon the action (see, Salzano v Mastrantonio, 267 A.D.2d 5

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