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MCCLURE v. SCHINDLER ELEVATOR CORPORATION

297 A.D.2d 335 (2002)

746 N.Y.S.2d 394

JAMES MCCLURE, Respondent, v. SCHINDLER ELEVATOR CORPORATION, Defendant and Third-Party Plaintiff-Appellant. BROOKDALE HOSPITAL MEDICAL CENTER, Third-Party Defendant-Respondent.

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

Decided August 19, 2002.

Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

A plaintiff moving to restore an action to the trial calendar more than one year after it was stricken, after it has been dismissed pursuant to CPLR 3404, must establish (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...

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