Opinion
December 7, 1998
Appeal from the Supreme Court, Queens County (Kitzes, J.)
Ordered that the order is modified, on the facts, by adding a provision thereto conditioning the granting of the plaintiff's motion on the payment of $1,500 by the plaintiff's attorneys to the attorneys for the defendants; as so modified, the order is affirmed, without costs or disbursements.
The defendants appeal the grant of the plaintiff's motion to restore this case to the trial calendar after it was dismissed pursuant to CPLR 3404. However, because the plaintiff adequately demonstrated a meritorious cause of action, a reasonable excuse for her delay, the absence of an intent to abandon the matter, and a lack of prejudice to the defendants, the court did not improvidently exercise its discretion in granting such relief ( see, Robinson v. New York City Tr. Auth., 203 A.D.2d 351; Roberson v. City of New York, 195 A.D.2d 597; Hammer v. Hochberg, 128 A.D.2d 834; Friedberg v. Bay Ridge Orthopedic Assocs., 122 A.D.2d 194).
However, we have imposed costs of $1,500 upon the plaintiff's attorneys for their neglect in this matter as a condition to opening up the default.
Bracken, J. P., Ritter, Santucci and Altman, JJ., concur.