Aguilera v. 366 Hewes Street Associates, L.P.

—In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Held, J.), dated December 1, 1998, which granted the plaintiffs motion to restore the action to the trial calendar.

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

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 matter, and the lack of prejudice to…