Ettehadieh v. Dolan

—In an action to recover damages for medical malpractice, the defendants appeal from an order of the Supreme Court, Nassau County (Roberto, J.), dated December 14, 1999, which granted the plaintiffs motion to vacate the automatic dismissal of the complaint pursuant to CPLR 3404 and restore the action to the trial calendar.

Ordered that the order is affirmed, with costs.

A party seeking to restore a case to the trial calendar after it has been dismissed pursuant to CPLR 3404 must demonstrate the merits of the case, a reasonable excuse for the delay, the absence of an intent to abandon the…