BORNSTEIN v. CLEARVIEW PROPERTIES, INC.

2009-02980

68 A.D.3d 1033 (2009)

2009 NY Slip Op 9602

890 N.Y.S.2d 354

BRIAN BORNSTEIN, Respondent, v. CLEARVIEW PROPERTIES, INC., et al., Appellants.

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

Decided December 22, 2009.


Ordered that the order is reversed, on the law, the facts, and in the exercise of discretion, with costs, and the renewed motion to vacate the dismissal of the action pursuant to CPLR 3404 and to restore the action to the trial calendar is denied.

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...

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