Opinion
December 16, 1983
Appeal from the Supreme Court, Onondaga County, Miller, J.
Present — Dillon, P.J., Callahan, Doerr, Denman and Moule, JJ.
Order unanimously affirmed, with costs. Memorandum: Following denial of plaintiff's motion to vacate an order of dismissal entered pursuant to CPLR 3404, Special Term properly entertained plaintiff's motion to renew (see Prude v. County of Erie, 47 A.D.2d 111, 113-114; cf. Barry v. Good Samaritan Hosp., 86 A.D.2d 853, revd on other grounds 56 N.Y.2d 921) and thereupon, in the exercise of discretion, granted the relief requested. Plaintiff adequately rebutted the presumption of abandonment (see CPLR 3404; Marco v. Sachs, 10 N.Y.2d 542) and demonstrated excusable neglect, a meritorious claim and lack of prejudice to defendants (see Bouvia v. Community Gen. Hosp., 85 A.D.2d 909).