Welch v. Good Samaritan Hospital

—In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated April 20, 1998, which, inter alia, denied their cross motion to restore the action to the calendar.

Ordered that the order is affirmed, with costs.

A party seeking to restore an action which has been dismissed pursuant to CPLR 3404 must demonstrate a reasonable excuse for the delay in moving to restore the case to the calendar, the existence of a meritorious cause of action, an absence of intent to abandon the action, and lack of prejudice…