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Pellegrino v. St. Agnes Hospital, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1995
216 A.D.2d 447 (N.Y. App. Div. 1995)

Opinion

June 19, 1995

Appeal from the Supreme Court, Westchester County (Coppola, J.).


Ordered that the order is affirmed, with costs.

In a proper exercise of its discretion, a court may grant a request to vacate a dismissal for abandonment on the basis of failure to prosecute pursuant to CPLR 3404, provided that the plaintiff carries the affirmative burden of establishing all of the following four factors: (1) a meritorious cause of action, (2) a reasonable excuse for the delay, (3) a lack of intent to abandon the action, and (4) a lack of prejudice to the defendant (see, e.g., Knight v. City of New York, 193 A.D.2d 720, 721; Malpass v. Mavis Tire Supply Corp., 143 A.D.2d 890; Ornstein v Kentucky Fried Chicken, 121 A.D.2d 610, 611). The record establishes that the plaintiffs satisfied their burden of establishing each of the four factors, and the court's ruling was, therefore, correct. Sullivan, J.P., Miller, Copertino, Joy and Friedmann, JJ., concur.


Summaries of

Pellegrino v. St. Agnes Hospital, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1995
216 A.D.2d 447 (N.Y. App. Div. 1995)
Case details for

Pellegrino v. St. Agnes Hospital, Inc.

Case Details

Full title:GIOVANNINA PELLEGRINO et al., Respondents, v. ST. AGNES HOSPITAL, INC.…

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

Date published: Jun 19, 1995

Citations

216 A.D.2d 447 (N.Y. App. Div. 1995)
628 N.Y.S.2d 540

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