MANNINO v. HUNTINGTON HILTON HOTEL

ORDERED that the order is reversed, on the law, with costs, and the motion is granted.

A plaintiff seeking restoration of an action within one year of it being marked off the trial calendar need not demonstrate a reasonable excuse, a meritorious action, lack of intent to abandon, and a lack of prejudice to the defendants (see Basetti v. Nour, 287 A.D.2d 126, 133). Thus, the Supreme Court erred in denying the plaintiff's motion to restore the action, since it was made within one year after the action was marked off the calendar (see Polvino v. Island Group Admin., 289 A.D.2d 315, 316).

PRUDENTI, P.J., O'BRIEN, McGINITY and CRANE, JJ., concur.