Kamara v. Ambert
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*613A party seeking to have a case restored to the trial calendar must demonstrate a meritorious cause of action, a reasonable excuse for the delay, a lack of intent to abandon the action and the absence of prejudice to the opposing party (see e.g. Benjamin v Teixeira, 78 AD3d 434 [2010]). Here, although the record demonstrates that plaintiff had communicated with his attorney in the one year and nine months after the action had been struck from the trial calendar, he failed to offer a reasonable excuse for the delay in seeking to restore the action and failed to demonstrate that restoration of…
2Cases cited2 opinions
- Almanzar v. Rye Ridge Realty Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Benjamin v. TeixeiraAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by3 opinions
- Padded Wagon, Inc. v. Associates Commercial Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Lopez v. Podgurski, New York County Courts2013
- White v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2020