GROUDINE v. DELCO DEVELOPMENT CORP.


286 A.D.2d 416 (2001)

729 N.Y.S.2d 513

GARY GROUDINE, Appellant, v. DELCO DEVELOPMENT CORP. et al., Respondents, and NORTHVILLE INDUSTRIES CORP., Defendant and Third-Party Plaintiff-Respondent. C.B.I. DRYWALL CORP., Third-Party Defendant-Respondent.

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

Decided August 20, 2001.


Ordered that the order is affirmed, with costs.

A plaintiff seeking to restore an action to the calendar after it has been marked off and dismissed pursuant to CPLR 3404 must demonstrate a meritorious cause of action, a reasonable excuse for the delay, a lack of intent to abandon the action, and a lack of prejudice to the defendants if the action is restored (see, Lopez v Imperial Delivery Serv., 282 A.D.2d 190). Under the...

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