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KARWOWSKI v. WONDER WORKS CONSTRUCTION

2009-00876.

73 A.D.3d 1133 (2010)

900 N.Y.S.2d 902

KAZIMIWRZ KARWOWSKI, Appellant, v. WONDER WORKS CONSTRUCTION, Defendant/Third-Party Plaintiff-Respondent, and CITY OF NEW YORK et al., Respondents. CIP RESTORATION, Third-Party Defendant-Respondent.

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

Decided May 25, 2010.

Ordered that the order dated July 3, 2008, as amended, is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The plaintiff failed to demonstrate a reasonable excuse for his failure to move to restore until more than six years after the action had been marked off the trial calendar and dismissed pursuant to CPLR 3404 (see Bornstein v Clearview Props., Inc., 68 A.D.3d 1033

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