Phillips-Stone v. Edison

—Order, Supreme Court, Bronx County (Alan Saks, J.), entered August 31, 1998, which, inter alia, denied defendant-appellant’s motion to dismiss the action as abandoned, unanimously affirmed, without costs.

The motion was properly denied, plaintiff having rebutted the presumption of abandonment by demonstrating both a reasonable excuse for the delay in moving to restore the action to the calendar and a meritorious cause of action. Concur — Sullivan, J. P., Wallach, Rubin, Saxe and Friedman, JJ.