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FORD v. CITY OF NEW YORK

16523, 304128/09

135 A.D.3d 410 (2016)

21 N.Y.S.3d 877

2016 NY Slip Op 00007

LEROY FORD, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided January 5, 2016.

The court providently exercised its discretion in granting plaintiff's cross motion to restore the case to the calendar more than one year after it had been marked off (see Kaufman v Bauer, 36 A.D.3d 481, 482 [1st Dept 2007]). Plaintiff showed a meritorious cause of action, a reasonable excuse for the delay in seeking to restore the matter to the calendar, an absence of intent to abandon prosecution, and a lack of prejudice to defendant...

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