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WILLIAMS v. D'ANGELO

24 A.D.3d 538 (2005)

806 N.Y.S.2d 238

SHIRLEY WILLIAMS et al., Appellants, v. JOSEPH D'ANGELO et al., Respondents.

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

December 12, 2005.

Ordered that the order is affirmed, with costs.

A case marked off the trial 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 Magnone v. Gemm Custom Brokers, Inc.,

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