Lourim v. Keystone Shipping Co.

(And a Third-Party Action.) Order, Supreme Court, New York County (Louis York, J.), entered on or about November 15, 2001, which denied plaintiffs motion to vacate the dismissal of the case pursuant to CPLR 3404 and restore it to the calendar, unanimously reversed, on the law, without costs, the dismissal vacated and the case restored to the calendar.

Plaintiffs motion to restore his case was denied on the ground that he failed to establish a reasonable excuse for the delay in completing discovery and filing a note of issue, a criterion for restoration of a case marked off calendar pursuant to…