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AGINS v. DARMSTADTER

278 A.D.2d 439 (2000)

717 N.Y.S.2d 922

DOROTHY AGINS, Appellant, v. EVELYN DARMSTADTER, Respondent.

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

Decided December 26, 2000.

Ordered that the order is affirmed, with costs.

In order to vacate the dismissal in this case and restore the action to the trial calendar, it was necessary for the plaintiff to demonstrate the merits of the action, a reasonable excuse for the delay, the absence of an intent to abandon the matter, and the lack of prejudice to the nonmoving party (see, Civello v Grossman, 192 A.D.2d 636). The plaintiff failed to satisfy...

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