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YOUSIAN v. NEW YORK MEDICAL CENTER HOSPITAL OF QUEENS

277 A.D.2d 449 (2000)

716 N.Y.S.2d 695

YAHYAK K. YOUSIAN et al., Appellants, v. NEW YORK MEDICAL CENTER HOSPITAL OF QUEENS et al., Respondents.

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

Decided November 27, 2000.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

A plaintiff seeking to restore an action to the trial calendar after it has been dismissed pursuant to CPLR 3404 must demonstrate: (1) a meritorious cause of action, (2) a reasonable excuse for the delay in prosecuting the action, (3) a lack of intent to abandon the action, and (4) a lack of prejudice to the nonmoving party (see, Fico v...

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