Costabile v. Hilton Hotel Corp.

—Order, Supreme Court, New York County (Lorraine Miller, J.), entered on or about October 28, 2000, which denied plaintiffs motion to vacate the action’s dismissal and for restoration of the matter to the calendar, unanimously affirmed, without costs.

In order for this case to be restored after being struck from the trial calendar, and subsequently dismissed pursuant to CPLR 3404, plaintiff was obliged to demonstrate a meritorious cause of action, a reasonable excuse for the delay in seeking to restore the action, the absence of prejudice to the opposing party, and a lack of intent to abandon…