Celentano v. Furci's Restaurant Bar & Grill

This is an application by plaintiffs to reargue the granting of defendant’s motion to dismiss the action for lack of prosecution. Strictly speaking the application should have been to vacate the dismissal and will be treated as such (Kronish v. Seagate Garage, 16 A D 2d 677). The motion was originally granted because of the absence of an affidavit of *290merits and the dearth of facts in the opposing papers to demonstrate a reasonable excuse for plaintiffs’ delay. There are now submitted on behalf of plaintiffs a detailed and adequate affidavit of merits by the injured plaintiff and several…