Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion, in effect, to vacate the automatic dismissal of the action and to restore the action to the trial calendar is denied.
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 the existence of a meritorious cause of action, a reasonable excuse for the delay...
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