WELLS FARGO BANK, N.A. v. BUFFENMYER

1409 CA 15-01024.

134 A.D.3d 1578 (2015)

21 N.Y.S.3d 921

2015 NY Slip Op 09766

WELLS FARGO BANK, N.A., Appellant, v. LUKE BUFFENMYER, Respondent, et al., Defendant.

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

Decided December 31, 2015.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In seeking to restore this foreclosure action to Supreme Court's calendar after it had been dismissed, plaintiff was required to "demonstrate 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 defendants" (Vaream v Corines,

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