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MAGNONE v. GEMM CUSTOM BROKERS, INC.

17 A.D.3d 412 (2005)

792 N.Y.S.2d 358

WILLIAM M. MAGNONE et al., Respondents, v. GEMM CUSTOM BROKERS, INC., Appellant, et al., Defendant.

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

April 11, 2005.

A case struck from the calendar pursuant to CPLR 3404 and subsequently dismissed after one year may be restored to the trial calendar provided that the plaintiff demonstrates a meritorious cause of action, a reasonable excuse for the delay in prosecuting the action, a lack of intent to abandon the action, and a lack of prejudice to the defendant (see Sheridan v Mid-Island Hosp., Inc., 9 A.D.3d 490 [2004]; Cobos v Phieffer,

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