INDRUNAS v. ESCHER CONSTRUCTION CORP.


277 A.D.2d 28 (2000)

716 N.Y.S.2d 10

WILLIAM G. INDRUNAS et al., Appellants, v. ESCHER CONSTRUCTION CORP. et al., Defendants, and PAN AM EQUITIES et al., Respondents.

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

Decided November 9, 2000.


Although plaintiffs failed to restore this action within one year after it was marked off the court's calendar (see, CPLR 3404), they demonstrated a meritorious cause of action, a reasonable excuse for the delay in seeking to restore the action to the calendar, a lack of intent to abandon the action, and a lack of prejudice to the opposing parties (Zabari v City of New York, 242 A.D.2d 15, 16). In this regard, we note that...

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