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ZIEGLER v. CITY OF NEW YORK
Appellate Division of the Supreme Court of New York, Second Department.
Dec 2, 1999
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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.
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