Angelucci v. City of New York

“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[y] intent to abandon the matter and the lack of prejudice to the nonmoving party” (Rivers v Jamaica Water Supply Co., 250 AD2d 661 [internal quotation marks omitted]). Moreover, all of the above requirements must be satisfied before a case can be properly restored (see Fico v Health Ins. Plan of Greater N.Y., 248 AD2d 432).

The plaintiff failed to establish his entitlement to restoration of the…