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McCARTHY v. BAGNER

271 A.D.2d 509 (2000)

710 N.Y.S.2d 249

CAROLYN McCARTHY, Appellant, v. JEROME E. BAGNER et al., Respondents.

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

Decided April 10, 2000.

Ordered that the order is affirmed, with costs.

A party seeking to restore to the trial calendar an action which has been dismissed pursuant to CPLR 3404 must demonstrate a meritorious cause of action, a reasonable excuse for the delay in prosecuting the action, a lack of intent to abandon the action, and a lack of prejudice to the nonmoving party (see, Rivers v Jamaica Water Supply Co., 250 A.D.2d 661; Fico v Health Ins...

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