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LUZZI v. TOBIN

288 A.D.2d 193 (2001)

732 N.Y.S.2d 371

MARY A. LUZZI, Respondent, v. THOMAS W. TOBIN et al., Appellants, et al., Defendant.

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

Decided November 5, 2001.

Ordered that the order is reversed, on the law, with costs, the motion is denied, the cross motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendant is severed.

A party seeking to restore a case to the trial calendar more than one year after it has been dismissed pursuant to CPLR 3404 must demonstrate the merits of the case, a reasonable excuse...

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