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SHIRLEY WILLIAMS et al., Appellants, v. JOSEPH D'ANGELO et al., Respondents.

Ordered that the order is affirmed, with costs.

A case marked off the trial calendar pursuant to CPLR 3404 and subsequently dismissed after one year may be restored to the trial calendar provided that the plaintiff demonstrates a meritorious cause of action, a reasonable excuse for the delay in prosecuting the action, a lack of intent to abandon the action, and a lack of prejudice to the defendant ( see Magnone v. Gemm Custom Brokers, Inc., 17 AD3d 412; Sheridan v. Mid-Island Hosp., Inc., 9 AD3d 490; Cobos v. Phieffer, 8 AD3d 424). The plaintiffs failed to demonstrate, through an expert affidavit, that they have a meritorious cause of action ( see Yousian v. New York Med. Ctr. Hosp. of Queens, 277 AD2d 449; Iazzetta v. Vicenzi, 243 AD2d 540; Miller v. City of New York, 242 AD2d 370). They also failed to satisfy any of the other three components of the test. Accordingly, the plaintiffs' motion was properly denied.

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WILLIAMS v. D'ANGELO
(Dec 12, 2005)