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PEKER v. KAPLAN

268 A.D.2d 572 (2000)

702 N.Y.S.2d 852

ELYA PEKER, Appellant, v. ARTHUR A. KAPLAN et al., Respondents.

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

Decided January 31, 2000.

Ordered that the order is affirmed, with costs.

A party moving pursuant to CPLR 3404 to restore a case to the trial calendar must demonstrate that the case has merit, there is a reasonable excuse for the delay, there was no intent to abandon the matter, and there is no prejudice to the nonmoving party (see, Moses v Wilmaud Realty Corp., 262 A.D.2d 538; Yacono v Waterman S.S. Co., 216 A.D.2d 556

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