McClure v. Schindler Elevator Corp.

A plaintiff moving to restore an action to the trial calendar more than one year after it was stricken, after it has been dismissed pursuant to CPLR 3404, must establish (1) a meritorious cause of action, (2) a reasonable excuse for the delay in prosecution of the action, (3) a lack of intent to abandon the action, and (4) a lack of prejudice to the defendant (see Basetti v Nour, 287 AD2d 126; cf. Fernandez v Staten Is. Oral & Maxillofacial Surgery Assoc., 289 AD2d 372). Contrary to the appellant’s contention, the plaintiff established these elements. Accordingly, the Supreme Court properly…