Smith v. Nanasi

Full title: DEWAYNE SMITH, Appellant, v. JOHN NANASI et al., Respondents

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

Date published: Mar 6, 1995

213 A.D.2d 394 (N.Y. App. Div. 1995)

624 N.Y.S.2d 871

Opinion

March 6, 1995

Appeal from the Supreme Court, Kings County (Held, J.).

Ordered that the order is affirmed, with one bill of costs to the respondents 1800 Property Co. and Parkway Realty Associates.

The plaintiff failed to move to restore the action to the Supreme Court's calendar of active cases within one year of its being marked off that calendar, and it was dismissed pursuant to CPLR 3404. Since the plaintiff has failed to show a justification for the delay, lack of prejudice, and a meritorious cause of action, he is not entitled to be relieved of the dismissal (see, Mamet v. Mamet, 132 A.D.2d 479; Fluman v. TSS Dept. Stores, 100 A.D.2d 838). Sullivan, J.P., Miller, Copertino, Joy and Friedmann, JJ., concur.