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Robinson v. West Point Leasing Corp.

Appellate Division of the Supreme Court of New York, Second Department
Dec 2, 1999
266 A.D.2d 526 (N.Y. App. Div. 1999)

Opinion

Submitted October 15, 1999

December 2, 1999

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Golar, J.), dated September 15, 1998, which denied his motion to restore an action, which had been dismissed pursuant toCPLR 3404, to the trial calendar.

John J. Janiec, New York, N.Y., for appellant.

Eustace Furey, Uniondale, N.Y. (Edward J. Crawford of counsel), for respondents.

CORNELIUS J. O'BRIEN, J.P., GABRIEL M. KRAUSMAN, ANITA R. FLORIO, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the order is affirmed, 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, the absence of an intent to abandon the matter, and the lack of prejudice to the nonmoving party" (Civello v. Grossman, 192 A.D.2d 636 ). All four requirements must be met. Here, the plaintiff failed to demonstrate the existence of a meritorious cause of action (see,Burgos v. Aqueduct Realty Corp., 92 N.Y.2d 544 ; Cook v. New York City Hous. Auth., 248 A.D.2d 501 ). Therefore, the Supreme Court properly denied his motion to restore the action to the trial calendar.

O'BRIEN, J.P., KRAUSMAN, FLORIO, and FEUERSTEIN, JJ., concur.


Summaries of

Robinson v. West Point Leasing Corp.

Appellate Division of the Supreme Court of New York, Second Department
Dec 2, 1999
266 A.D.2d 526 (N.Y. App. Div. 1999)
Case details for

Robinson v. West Point Leasing Corp.

Case Details

Full title:HAYWOOD ROBINSON, appellant, v. WEST POINT LEASING CORPORATION, et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 2, 1999

Citations

266 A.D.2d 526 (N.Y. App. Div. 1999)
698 N.Y.S.2d 554