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SHAH v. CARLTON GARDENS HOUSING CO., INC.

286 A.D.2d 432 (2001)

729 N.Y.S.2d 900

MANGALY SHAH, Appellant, v. CARLTON GARDENS HOUSING CO., INC., 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 defendant (see, Lopez v Imperial Delivery Serv., 282 A.D.2d 190). The plaintiff's claim of law office...

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