Parker v. Hasem Grocery

In an action to recover damages for personal injuries, the defendants Earl Owens and Marlene Owens appeal from an order of the Supreme Court, Kings County (Ruditzky, J.), dated February 27, 2004, which granted the plaintiffs motion to restore the case to the trial calendar and for leave to file a late note of issue.

Ordered that the order is affirmed, with costs.

*508An action dismissed pursuant to CPLR 3216 may be restored if the plaintiff can demonstrate both a reasonable excuse for a default and a meritorious cause of action (see Bokhari v Home Depot U.S.A., 4 AD3d 381, 382 [2004]; cf. Fraga v…