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PRUDENTIAL-LMI COMMERCIAL INSURANCE COMPANY v. FORGE HEATING & AIR CONDITIONING CORP.

273 A.D.2d 454 (2000)

712 N.Y.S.2d 355

PRUDENTIAL-LMI COMMERCIAL INSURANCE COMPANY, as Subrogee of BRETTON WOOD HOME OWNERS ASSOCIATION, INC., Appellant, v. FORGE HEATING & AIR CONDITIONING CORP., Respondent.

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

Decided June 26, 2000.

Ordered that the order is affirmed, with costs.

In order to restore a case to the trial calendar after it has been dismissed pursuant to CPLR 3404, the plaintiff must establish: (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 nonmoving party if the case is restored to the calendar (see, Rudy v Chasky, 260 A.D.2d 625

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