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Appellate Division of the Supreme Court of New York, 2001

Kramer v. Edenwald Construction Co.

Kramer v. Edenwald Construction Co.
Appellate Division of the Supreme Court of New York · Decided January 30, 2001
279 A.D.2d 425; 720 N.Y.S.2d 339; 2001 N.Y. App. Div. LEXIS 884
Kramer v. Edenwald Construction Co.

Opinion of the Court

Order, Supreme Court, New York County (Eileen Bransten, J.), entered on or about December 14, 1999, which, inter alia, denied plaintiffs motion to restore the action to the calendar, unanimously affirmed, without costs.

Plaintiff fails to show a reasonable excuse for his delay in prosecuting this now 13-year-old case which would warrant its restoration to the calendar (see, Todd Co. v Birnbaum, 182 AD2d 505, 506), nor was there a sufficient showing of merit and lack of prejudice to defendant. Concur — Sullivan, P. J., Andrias, Wallach, Saxe and Friedman, JJ.

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