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CAZEAU v. PAUL

2 A.D.3d 477 (2003)

767 N.Y.S.2d 895

JOHN S. CAZEAU, Appellant, v. MARC PAUL et al., Respondents.

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

December 8, 2003.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the action is restored to the trial calendar.

A case dismissed pursuant to 22 NYCRR 202.27 may be restored only if the plaintiff can demonstrate both a reasonable excuse for the default and a meritorious cause of action (see CPLR 5015 [a] [1]; Lopez v Imperial Delivery Serv., 282 A.D.2d 190, 197 [2001]). Such a motion must be made...

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