Pellegrino v. St. Agnes Hospital, Inc.

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Westchester County (Coppola, J.), dated August 9, 1994, which denied its motion to dismiss the complaint for failure to prosecute, deemed the matter ready for trial, and restored it to the calendar.

Ordered that the order is affirmed, with costs.

In a proper exercise of its discretion, a court may grant a request to vacate a dismissal for abandonment on the basis of failure to prosecute pursuant to CPLR 3404, provided that the plaintiff carries the affirmative burden of…