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SANG SEOK NA v. GREYHOUND LINES, INC.

2010-11091.

88 A.D.3d 980 (2011)

931 N.Y.S.2d 398

2011 NY Slip Op 7623

SANG SEOK NA, Appellant, v. GREYHOUND LINES, INC., et al., Respondents.

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

Decided October 25, 2011.

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 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, and a lack of prejudice to the defendant...

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