WILLIAMS v. FOREST CITY ALBEE SQUARE ASSOCIATES, L.P.


289 A.D.2d 2 (2001)

733 N.Y.S.2d 601

SAFIRE WILLIAMS et al., Respondents, v. FOREST CITY ALBEE SQUARE ASSOCIATES, L.P., et al., Appellants.

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

Decided December 4, 2001.


The court properly exercised its discretion in granting plaintiffs' motion to restore since their papers establish that they have a meritorious cause of action; that they did not intend to deliberately abandon the case; that the conduct of their attorneys constituted a reasonable excuse for their delay in moving to restore; and that defendants have not been prejudiced (see, Palermo v Lord & Taylor, 287 A.D.2d 258

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