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CRUZ v. VOLKSWAGEN OF AMERICA INC.

277 A.D.2d 340 (2000)

716 N.Y.S.2d 104

EDWIN CRUZ, Respondent, v. VOLKSWAGEN OF AMERICA INC., Also Known as and Doing Business as VOLKSWAGEN UNITED STATES, INC., Appellant.

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

Decided November 20, 2000.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

A party seeking to restore to the trial calendar a case which has been dismissed pursuant to CPLR 3404 must demonstrate a meritorious cause of action, a reasonable excuse for the delay in prosecuting the action, a lack of intent to abandon the action, and a lack of prejudice to the nonmoving party (see, McCarthy v Bagner, 271 A.D.2d 509...

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