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MILLER v. FEIN

269 A.D.2d 371 (2000)

702 N.Y.S.2d 858

RAYMOND MILLER, Appellant, v. JACK M. FEIN, Respondent.

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

Decided February 7, 2000.

Ordered that the orders are affirmed, with one bill of costs.

A plaintiff seeking to restore a case to the trial calendar after it has been dismissed pursuant to CPLR 3404 must demonstrate (1) the merits of the case, (2) a reasonable excuse for the delay, (3) the absence of an intent to abandon the matter, and (4) the lack of prejudice to the defendant in the event the case is restored to the trial calendar (see, Collins v New York City Health & Hosps. Corp...

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