Ordered that the order is affirmed, with costs.
A court, in a proper exercise of discretion, may grant a motion to vacate the dismissal of an action pursuant to CPLR 3404, provided that the plaintiff carries his or her burden of establishing that: (1) he or she has a meritorious cause of action, (2) there was a reasonable excuse for the delay in moving to vacate, (3) there was a lack of intent to abandon the action, and (4) there is no prejudice to the defendant ...
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