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SWANSON v. EICHLER

2009-03010

68 A.D.3d 975 (2009)

2009 NY Slip Op 9458

889 N.Y.S.2d 853

JOSEPH MICHAEL SWANSON, Appellant, v. MILTON EICHLER et al., Defendants, and ALLEN R. FRANK, Respondent.

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

Decided December 15, 2009.

Ordered that the order is affirmed, with costs.

"A plaintiff seeking to restore a case to the trial calendar more than one year after it was stricken, and after it has been dismissed pursuant to CPLR 3404, must establish: (1) a meritorious cause of action, (2) a reasonable excuse for the delay in prosecution of the action, (3) a lack of intent to abandon the action, and (4) a lack of prejudice to the defendant" (Borrelli...

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