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MARKS v. WESTINGHOUSE ELECTRIC CORP.

272 A.D.2d 304 (2000)

707 N.Y.S.2d 893

DONALD MARKS, Respondent, v. WESTINGHOUSE ELECTRIC CORP. et al., Appellants.

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

Decided May 1, 2000.

Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, the motion is denied, the cross motion is granted, and the complaint is dismissed.

It is well established that a party seeking to restore a case to the trial calendar after it has been dismissed pursuant to CPLR 3404 must demonstrate the merits of the case, a reasonable excuse for the delay, the absence of an intent to abandon the

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