MICHITSCH v. KATZ


276 A.D.2d 605 (2000)

714 N.Y.S.2d 135

MARIA MICHITSCH, Respondent, v. BRUCE E. KATZ et al., Appellants.

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

Decided October 16, 2000.


Ordered that the order is reversed, as a matter of discretion, with costs, the plaintiff's motion is denied, and the action is dismissed.

"A plaintiff who seeks to restore a case to the trial calendar within a year following its being stricken therefrom, must bear the burden of demonstrating the existence of a meritorious case of action, show a sufficient reason for the delay, and establish the absence of prejudice to his or her adversary" (Barton v Jablon,

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