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EBENSTEIN v. COLE CAB CORP.

288 A.D.2d 84 (2001)

733 N.Y.S.2d 18

DANIEL EBENSTEIN, Appellant, v. COLE CAB CORP. et al., Respondents, et al., Defendant.

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

Decided November 15, 2001.

Given the totality of the circumstances, Supreme Court erred in denying, without explanation, vacatur of the CPLR 3404 dismissal at issue (see, Peterson v City of New York, 286 A.D.2d 287). Plaintiff sufficiently demonstrated that his case was meritorious, that there was a reasonable excuse for the delay, that there was no intent to abandon the matter, and that there was no prejudice to defendants (see, Peterson v City of New...

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