Legal Opinion

Padded Wagon, Inc. v. Associates Commercial Corp.

Appellate Division of the Supreme Court of the State of New York

Decided February 2, 2012PublishedCited by 2 opinions

1Opinion of the Court

*431It is black letter law that “[a] 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” (Kamara v Ambert, 89 AD3d 612, 613 [2011]). Furthermore “[a]ll four conditions must be satisfied” (Campbell v Crystal Realty Assoc. Ltd. Partnership, 276 AD2d 328, 328 [2000]).

Here, plaintiff failed to offer any excuse for passively waiting for a trial date and then first seeking relief more than three years after the dismissal…

2Cases cited5 opinions

  1. Okun v. TannersNew York Court of Appeals · 2008
  2. Campbell v. Crystal Realty Associates Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2000
  3. Kamara v. AmbertAppellate Division of the Supreme Court of the State of New York · 2011
  4. Rozina v. Casa 74th Development LLCAppellate Division of the Supreme Court of the State of New York · 2011
  5. Spivey v. BouteureiraAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by2 opinions

  1. Johnson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
  2. Johnson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013

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