AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

ANGELA KANNER, Appellant, v. RICHARD RUBIN, Respondent.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

A party moving to restore an action to the trial calendar more than one year after it was stricken from the calendar, after it has been dismissed pursuant to CPLR 3404, must establish (1) a meritorious cause of action, (2) a reasonable excuse for the delay in prosecution of the action, (3) a lack of intent to abandon the action, and (4) a lack of prejudice to the defendant ( see Basetti v. Nour, 287 A.D.2d 126; Fernandez v. Staten Is. Oral Maxillofacial Surgery Assocs, 289 A.D.2d 372). The plaintiff failed to make the requisite showing. Accordingly, the Supreme Court providently exercised its discretion in denying the motion.

SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.

Use AI to get other relevant cases.

Comments

KANNER v. RUBIN
(Nov 24, 2003)