ZIEGLER v. CITY OF NEW YORK, N.Y. App. Div., Judgment, Law, casemine.com

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Attorney(S)

Cullen and Dykman, Brooklyn, N.Y. (Joseph Miller of counsel), for third-party defendant-appellant.

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RANDALL ZIEGLER, et al., plaintiffs-respondents, v. CITY OF NEW YORK, et al., defendants, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., defendant third-party plaintiff; NEW YORK PAVING, INC., third-party defendant-respondent; BROOKLYN UNION GAS COMPANY, third-party defendant-appellant (and a second third-party action).

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the appellant's contention, the trial court properly vacated the automatic dismissal and restored the action to the trial calendar. The plaintiffs demonstrated an absence of intent to abandon the case, reasonable excuse for the delay, a meritorious cause of action, and lack of prejudice to the defendants (see, CPLR 3404; Rifkin v. Herman, 262 A.D.2d 389 [2d Dept., June 7, 1999]; Etter v. County of Nassau, 261 A.D.2d 571 [2d Dept., May 24, 1999]).

O'BRIEN, J.P., KRAUSMAN, FLORIO, and FEUERSTEIN, JJ., concur.

ZIEGLER v. CITY OF NEW YORK

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