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SWARTZ v. 234-6 22ND STREET CORP.

305 A.D.2d 336 (2003)

759 N.Y.S.2d 654

GERALD B. SWARTZ, Appellant, v. 234-6 22ND STREET CORP. et al., Respondents, et al., Defendants.

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

Decided May 29, 2003.

The motion to restore was properly denied for failure to show a reasonable excuse for the delay in moving to restore, an intent not to abandon the action and lack of prejudice to defendants (see Burgos v 2915 Surf Ave. Food Mart, 298 A.D.2d 282, 283 [2002]). Nor is plaintiff entitled to summary judgment. We have considered plaintiff's other arguments and find them...

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