DeMARQUEZ v. GALLO

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, the motion is granted, the dismissal is vacated, and the action is restored to the trial calendar.

The Supreme Court improvidently exercised its discretion in denying the plaintiff's motion to restore the action to the trial calendar after it had been dismissed pursuant to CPLR 3404. The plaintiff demonstrated a meritorious cause of action, a reasonable excuse for the failure to timely restore, a lack of intent to abandon the matter, and a lack of prejudice to the opposing party ( see Kranz v. Braverman, 15 AD3d 451). Thus, her motion should have been granted.