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COSTABILE v. HILTON HOTEL CORP.

291 A.D.2d 361 (2002)

739 N.Y.S.2d 31

REYNOLD COSTABILE, Appellant, v. HILTON HOTEL CORP. et al., Respondents. 1220 EXHIBITORS, INC., Third-Party Plaintiff, v. EXPOSITION SERVICE & RENTAL, Third-Party Defendant-Respondent. (And Another Action.)

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

Decided February 28, 2002.

In order for this case to be restored after being struck from the trial calendar, and subsequently dismissed pursuant to CPLR 3404, plaintiff was obliged to demonstrate a meritorious cause of action, a reasonable excuse for the delay in seeking to restore the action, the absence of prejudice to the opposing party, and a lack of intent to abandon the action (see, Aguilar v Djonvic, 282 A.D.2d 366; see also, Johnson v Minskoff ...

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