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NEW FIELD INTERNATIONAL, INC. v. KLEIN

277 A.D.2d 364 (2000)

716 N.Y.S.2d 336

NEW FIELD INTERNATIONAL, INC., Appellant, v. HARRY KLEIN et al., Respondents, et al., Defendant.

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

Decided November 20, 2000.

Ordered that the order is affirmed, with costs.

A plaintiff seeking to restore an action to the trial calendar after it has been dismissed pursuant to CPLR 3404 must demonstrate (1) a meritorious cause of action, (2) a reasonable excuse for the delay, (3) an absence of intent to abandon the action, and (4) a lack of prejudice to the nonmoving party in the event the case is restored to the trial calendar. A plaintiff must...

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