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KAMARA v. AMBERT

6147N, 121883/07.

89 A.D.3d 612 (2011)

933 N.Y.S.2d 38

2011 NY Slip Op 8496

SIDIKIE KAMARA, Appellant, v. RAPHAEL AMBERT, Also Known as RAY AMBERT, et al., Respondents.

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

Decided November 22, 2011.

A party seeking to have a case restored to the trial calendar must demonstrate a meritorious cause of action, a reasonable excuse for the delay, a lack of intent to abandon the action and the absence of prejudice to the opposing party (see e.g. Benjamin v Teixeira, 78 A.D.3d 434 [2010]). Here, although the record demonstrates that plaintiff had communicated with his attorney in the one year and nine months after the action had been...

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