Legal Opinion
Buckley v. Astoria Federal Savings & Loan Ass'n
Appellate Division of the Supreme Court of the State of New York
Decided September 23, 2002PublishedCited by 2 opinions
1Opinion of the Court
*697A plaintiff moving to restore an action to the trial calendar more than one year after it was stricken from the calendar, after it has been dismissed pursuant to CPLR 3404, must establish: (1) a meritorious cause of action, (2) a reasonable excuse for the delay in prosecution of the action, (3) a lack of intent to abandon the action, and (4) a lack of prejudice to the defendant (see Fernandez v Staten Is. Oral & Maxillofacial Surgery Assoc., 289 AD2d 372; Basetti v Nour, 287 AD2d 126; McCarthy v Bagner, 271 AD2d 509). The movant must establish all four components of the test before a…
2Cases cited4 opinions
- Basetti v. NourAppellate Division of the Supreme Court of the State of New York · 2001
- Fico v. Health Insurance Plan of Greater New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- McCarthy v. BagnerAppellate Division of the Supreme Court of the State of New York · 2000
- Fernandez v. Staten Island Oral & Maxillofacial Surgery Associates, P. C.Appellate Division of the Supreme Court of the State of New York · 2001
3Cited by2 opinions
- Sarot v. YusufovAppellate Division of the Supreme Court of the State of New York · 2003
- Neidereger v. Hidden Park Apartments, Inc.Appellate Division of the Supreme Court of the State of New York · 2003