McCluskey v. Ferriter

OPINION OF THE COURT

Stephen G. Crane, J.

This motion to vacate dismissal of plaintiffs’ complaint due to the refusal of counsel to proceed to trial is denied.

*850Plaintiffs are required to demonstrate a reasonable excuse for the refusal, merit to their case, lack of prejudice to defendants and the absence of an intent to abandon the matter. (Khayat v Gill, 278 AD2d 15 [2d Dept 2000]; cf., Sanchez v Javind, Apt. Corp., 246 AD2d 353, 355 [1st Dept 1998]; CPLR 5015 [a].) Plaintiffs’ motion addresses only two of these four requirements.

The court will neutralize, arguendo, the second element requiring…