Advanced Ortho-Technology, Inc. v. Orthospec, Inc.

—In an action to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Westchester County (Coppola, J.), entered July 10, 1992, which conditionally granted the plaintiff’s motion to vacate the dismissal of the complaint pursuant to CPLR 3404.

Ordered that the order is reversed, on the law, with costs, and the plaintiffs motion is denied.

In order to vacate a dismissal of a complaint pursuant to CPLR 3404, the plaintiff must show a reasonable excuse for the delay, lack of prejudice to the adversary, a meritorious *219cause of action, and lack of intention…