In a negligence action to recover damages for personal injury, defendants and third-party plaintiffs appeal from an order of the Supreme Court, Westchester County, dated March 27, 1970, which granted plaintiffs' motion to restore the case to the Trial Calendar. Order reversed, with $10 costs and disbursements, and motion denied. This action was marked "off" the Ready Day Calendar in September, 1966. By virtue of the provisions of CPLR 3404 it was deemed abandoned and dismissed one year later as it had not been restored to the calendar in the interim. The motion to restore was made some 28 months after the case had been marked "off" the calendar. CPLR 3404 is not to be rigidly applied in all circumstances. It merely creates a presumption of abandonment and is not to be applied in a case in which litigation is actually in progress ( Marco v. Sachs, 10 N.Y.2d 542, 550). Restoration has been permitted in cases in which it clearly appeared that the plaintiff never intended to abandon the action ( Briskman v. Kushner, 33 A.D.2d 1042). However, some showing of nonabandonment or of a valid and reasonable excuse for the delay must be made (cf. Gamerov v. Cunard S.S. Co., 34 A.D.2d 824; Ackerman v. Perchikoff, 30 A.D.2d 672; Sloan v. Glashow, 29 A.D.2d 963). In this case no facts have been offered by plaintiffs to refute the presumption of abandonment or to reasonably explain the delay. Hopkins, Acting P.J., Martuscello, Latham, Brennan and Benjamin, JJ., concur.