Ordered that the orders are reversed, on the law, with costs, the motion is denied, the cross motions are granted, and the counterclaim of the defendant Michael Chakmakjian is dismissed.
It is well established that to restore a case to the trial calendar after it has been marked off and thereafter dismissed pursuant to CPLR 3404, the plaintiff must establish the merits of the case, a reasonable excuse for the delay, the absence of an intent to abandon the matter,...
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