Opinion
October 3, 1994
Appeal from the Supreme Court, Queens County (Milano J.).
Ordered that the order is affirmed, with costs.
We find that the Supreme Court properly granted the defendants' motion to dismiss the action pursuant to CPLR 3404 as abandoned because, once the case had remained "marked off" the calendar for over one year, the case was automatically dismissed for neglect to prosecute (see, CPLR 3404; Roberts v. Town of Hempstead 206 A.D.2d 466; Nepomniaschi v. Goldstein, 182 A.D.2d 743). Additionally, the plaintiff has failed to present any evidence to meet his burden of proving that (1) he has a meritorious cause of action, (2) there was reasonable cause for the delay, (3) there was a lack of intent to abandon the action, and (4) there is no prejudice to the defendant (see, Roberts v. Town of Hempstead, supra; Knight v. City of New York, 193 A.D.2d 720; Malpass v. Mavis Tire Supply Corp., 143 A.D.2d 890). Mangano, P.J., Lawrence, Copertino, Krausman and Goldstein, JJ.