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VIDAL v. RICCIARDI

2009-06570.

81 A.D.3d 635 (2011)

915 N.Y.S.2d 630

RAQUEL VIDAL, Appellant, v. MARIA RICCIARDI et al., Respondents. (And a Third-Party Action.)

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

Decided February 1, 2011.

Ordered that the order is affirmed, with one bill costs to the respondents appearing separately and filing separate briefs.

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 the existence of a potentially meritorious cause of action, a reasonable excuse for the delay in prosecuting the action, a lack of intent to abandon the action,...

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