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DU CHATEAU v. METRO-NORTH COMMUTER RAILROAD COMPANY

281 A.D.2d 250 (2001)

721 N.Y.S.2d 538

DANIEL DU CHATEAU, Appellant, v. METRO-NORTH COMMUTER RAILROAD COMPANY et al., Respondents.

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

Decided March 15, 2001.

Our examination of the record leads to the conclusion that plaintiff was unable to establish a right to have the action restored. Even where dismissal pursuant to CPLR 3404 is in error, plaintiff has the burden to demonstrate that the action has merit (see, Almanzar v Rye Ridge Realty Co., 249 A.D.2d 128, 129; cf., Auerbach v Kaufman, 173 A.D.2d 229<...

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