RODRIGUEZ v. RACHELSON


306 A.D.2d 457 (2003)

762 N.Y.S.2d 261

ISRAEL RODRIGUEZ et al., Respondents, v. SYLVIA RACHELSON et al., Appellants.

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

Decided June 23, 2003.


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

The instant action was "marked off" the trial calendar in April 1999 and automatically dismissed in April 2000 pursuant to CPLR 3404. The plaintiffs did not move to restore the action to the trial calendar until April 2002. Under these circumstances, the plaintiffs were required to demonstrate the merit of the action, a reasonable excuse for the delay in making the motion to restore...

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