Mooney v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so *796much of an order of the Supreme Court, Queens County (Flug, J.), dated June 11, 2009, as denied her motion pursuant to CPLR 3404 to restore the action to the trial calendar.
Ordered that the order is affirmed insofar as appealed from, with one bill of costs.
A plaintiff seeking to restore an action to the trial calendar after it has been dismissed pursuant to CPLR 3404 must demonstrate the existence of a potentially meritorious cause of action, a reasonable excuse for the…
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