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BUCKLEY v. ASTORIA FEDERAL SAVINGS AND LOAN ASSOCIATION

297 A.D.2d 696 (2002)

747 N.Y.S.2d 386

WILLIAM F. BUCKLEY et al., Respondents, v. ASTORIA FEDERAL SAVINGS AND LOAN ASSOCIATION, Appellant, et al., Defendant.

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

Decided September 23, 2002.

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

A plaintiff moving to restore an action to the trial calendar more than one year after it was stricken from the calendar, 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...

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