Bevona v. David Lipton/31 West 47th Street Co.

Order, Supreme Court, New York County (Karla Moskowitz, J.), entered on or about August 25, 1999, which denied petitioner’s motion to restore to the court calendar his petition to confirm an arbitration award, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, the motion granted and the petition reinstated.

Petitioner has demonstrated that his case was meritorious, that he had a reasonable excuse for the delay, that there was no intent on his part to abandon the matter, and that there was no prejudice to the opposing party (CPLR 3404; Ramputi v Timko…