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LAXTON v. PRICE CHOPPER, INC.

276 A.D.2d 752 (2000)

715 N.Y.S.2d 335

LINDA LAXTON, Appellant, v. PRICE CHOPPER, INC., Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 30, 2000.

Ordered that the order is affirmed, with costs.

A plaintiff seeking to restore a case to the trial calendar after it has been dismissed pursuant to CPLR 3404 must demonstrate the existence of a meritorious cause of action, a reasonable excuse for the delay, the absence of an intent to abandon the matter, and lack of prejudice to the defendant (see, Fishman v City of New York, 255 A.D.2d 485). All four requirements must be...

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