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PADDED WAGON, INC. v. ASSOCIATES COMMERCIAL CORP.

6682, 21006/03, 83445/03

92 A.D.3d 430 (2012)

937 N.Y.S.2d 592

2012 NY Slip Op 731

THE PADDED WAGON, INC., Appellant, v. ASSOCIATES COMMERCIAL CORPORATION, et al., Defendants, and CITICAPITAL COMMERCIAL CORPORATION, Respondent. CITICAPITAL COMMERCIAL CORPORATION, Counterclaim-Plaintiff-Respondent, v. THE PADDED WAGON, INC., et al., Counterclaim-Defendants-Appellants.

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

Decided February 2, 2012.

It is black letter law that "[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" (Kamara v Ambert, 89 A.D.3d 612, 613 [2011]). Furthermore "[a]ll four conditions must be satisfied" (Campbell v Crystal Realty Assoc. Ltd. Partnership,

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