ORDERED that the orders are reversed, on the law, with costs, the motion is denied, the cross motions are granted, and the counterclaim of the defendant Michael Chakmakjian is dismissed.
It is well established that to restore a case to the trial calendar after it has been marked off and thereafter dismissed pursuant to CPLR 3404, the plaintiff must establish the merits of the case, a reasonable excuse for the delay, the absence of an intent to abandon the matter, and the lack of prejudice to the nonmoving party if the case is restored to the calendar. The moving party must satisfy all four components of the test before the dismissal can be properly vacated (see, Lopez v. Imperial Delivery Service, A.D.2d [2d Dept., May 14, 2001]; Pierre v. Steve Slavo Mgt. Corp., 266 A.D.2d 366; Fico v. Health Ins. Plan of Greater N.Y., 248 A.D.2d 432). The defendant Michael Chakmakjian failed to meet this test. Thus, restoring his counterclaim to the trial calendar was improper.
BRACKEN, P.J., S. MILLER, McGINITY and SCHMIDT, JJ., concur.