CAMPBELL v. CRYSTAL REALTY ASSOCIATES LIMITED PARTNERSHIP


276 A.D.2d 328 (2000)

716 N.Y.S.2d 288

RICHARD S. CAMPBELL et al., Appellants, v. CRYSTAL REALTY ASSOCIATES LIMITED PARTNERSHIP et al., Respondents. CRYSTAL REALTY ASSOCIATES, Third-Party Plaintiff, v. JAKE'S RESTAURANT, Third-Party Defendant.

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

Decided October 12, 2000.


Plaintiffs did not satisfy the requisites for restoring this action, deemed dismissed pursuant to CPLR 3404, to the trial calendar, since they failed to appropriately demonstrate (1) the merits of the case, none of the conflicting versions of the accident submitted by plaintiffs would serve to impose liability on the owner of the premises or any other defendant, (2) a reasonable excuse for the delay, (3) the absence of an intent to abandon the matter, and (4) the lack of...

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