Stern v. Astino

In a negligence action to recover damages for personal injuries sustained in an automobile accident, the defendants appeal from an order of the Supreme Court, Nassau County (Saladino, J.), dated January 20, 1989, which granted plaintiffs’ motion to restore their action to the Trial Calendar.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

In seeking to have their case restored to the Trial Calendar pursuant to CPLR 3404, the plaintiffs were required to show a reasonable excuse for the delay in prosecution, merit to their action, and a lack of prejudice to…