BYK-CHEMIE GmbH v. EFKA CHEMICALS

We find plaintiffs submitted sufficient evidence to show a meritorious claim. Further, plaintiffs' efforts to schedule depositions dispel any presumption that the action was abandoned. Additionally, the defendants have made no showing that they were prejudiced by any delay in the prosecution of this action (Cerrato v. Thurcon Constr. Corp., 94 A.D.2d 642; Sortino v Fisher, 20 A.D.2d 25, 32).

Concur — Murphy, P.J., Carro, Rosenberger, Asch and Rubin, JJ.