Opinion
Submitted April 18, 2001.
July 16, 2001.
In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Queens County (Weiss, J.), dated March 6, 2000, which denied his motion to restore the action to the trial calendar.
Goldman Goldman, New York, N.Y. (Steven F. Goldman and Pollack, Pollack, Isaac DeCicco [Brian J. Isaac] of counsel), for appellant.
Kopff, Nardelli Dopf LLP, New York, N.Y. (Martin B. Adams of counsel), for respondent Jahan S. Roofeh.
Ivone, Devine Jensen, LLP, Lake Success, N.Y. (Robert Devine of counsel), for respondent Mineola DayOp Center.
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, LEO F. McGINITY, NANCY E. SMITH, BARRY A. COZIER, JJ.
ORDERED that the order is affirmed, with one bill of costs.
A plaintiff seeking to restore an action to the trial calendar after it has been marked off and dismissed pursuant to CPLR 3404 must demonstrate a meritorious cause of action, a reasonable excuse for the delay, a lack of intent to abandon the action, and a lack of prejudice to the defendants if the action is restored. The plaintiff must satisfy all four components of the test before the motion can be granted (see, Lopez v. Imperial Delivery Serv., A.D.2d [2d Dept., May 14, 2001]). The plaintiff failed to satisfy all of these elements, and thus, the Supreme Court providently exercised its discretion in denying his motion (see, Furniture Village, Inc., v. Schoenberger, A.D.2d [2d Dept., May 29, 2001]).
RITTER, J.P., ALTMAN, McGINITY, SMITH and COZIER, JJ., concur.