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LAURA BUCKHEIT, ET AL., RESPONDENTS, v. GERBER PRODUCTS COMPANY, APPELLANT.

DECISION ORDER

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

Even when, as here, the plaintiffs timely move to vacate their default in appearing at a trial conference and to restore the action to the trial calendar within a year of the date it was marked off, they must demonstrate a reasonable excuse for the default, a meritorious claim, a lack of intent to deliberately abandon the action, and a lack of prejudice to the nonmoving party (see, Rose v. Kagan Clinton, 274 A.D.2d 510 [2d Dept., July 24, 2000]; Lupoli v. Venus Labs., 264 A.D.2d 820; Barton v. Jablon, 181 A.D.2d 755). Since the plaintiffs failed to demonstrate the existence of a meritorious claim, the Supreme Court erred in granting their motion.

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BUCKHEIT v. GERBER PRODUCTS COMPANY
(Oct 30, 2000)