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M. PARISI & SON CONSTRUCTION CO., INC. v. LONG ISLAND OBS/GYN, P.C.

39 A.D.3d 819 (2007)

834 N.Y.S.2d 324

M. PARISI & SON CONSTRUCTION CO., INC., Appellant, v. LONG ISLAND OBS/GYN, P.C., et al., Respondents.

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

Decided April 24, 2007.

Ordered that the order is affirmed, with costs.

A plaintiff seeking to restore a case to the trial calendar more than one year after it has been marked "off," and after it has been dismissed pursuant to CPLR 3404, must demonstrate a meritorious cause of action, a reasonable excuse for the delay, a lack of intent to abandon the action, and a lack of prejudice to the defendants (see Krichmar v Queens Med. Imaging, P.C., 26 A.D.3d 417

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