Ordered that the order is reversed, on the law, with costs, the motion is granted, the note of issue is vacated, and the action is dismissed.
Even where a plaintiff timely moves to restore an action within a year of the date it was marked off the trial calendar, he or she must nevertheless demonstrate a reasonable excuse for the default, a meritorious claim, a lack of intent to deliberately abandon the action, and a lack of prejudice to the nonmoving party (see...
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