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STEWART v. TAPPS SUPERMARKET, INC.

289 A.D.2d 561 (2001)

735 N.Y.S.2d 800

ANGEL STEWART, Respondent, v. TAPPS SUPERMARKET, INC., Doing Business as KEY FOODS, INC., Appellant.

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

Decided December 31, 2001.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

It is well settled that a plaintiff seeking to restore a case to the trial calendar after it has been dismissed pursuant to CPLR 3404 must establish all of the following: (1) a meritorious cause of action, (2) a reasonable excuse for the delay in prosecution of the action, (3) a lack of intent to abandon the action, and (4) a lack of prejudice to the defendant (see, Basetti v...

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