Opinion
January 30, 1995
Appeal from the Supreme Court, Queens County (Price, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
A party seeking to restore a case to the trial calendar after it has been dismissed pursuant to CPLR 3404 must demonstrate the merits of the case, a reasonable excuse for the delay in the prosecution of the lawsuit, the absence of an intent to abandon the matter, and the lack of prejudice to the nonmoving party (see, Civello v. Grossman, 192 A.D.2d 636). All of the elements of the test must be satisfied in order for the order of dismissal to be vacated (see, Ornstein v. Kentucky Fried Chicken, 121 A.D.2d 610).
In this case, the plaintiff failed to establish a reasonable explanation for the extensive delay in the prosecution of the lawsuit (see, Rosser v. Scacalossi, 140 A.D.2d 318). Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.