Stancati v. Weber
Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, misrepresentation, and assault, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Molía, J.), dated January 22, 2004, which denied her motion to restore the action to the trial calendar.
Ordered that the order is affirmed, with costs.
A party seeking to restore a case to the trial calendar more than one year after it has been marked “off,” and after it has been dismissed pursuant to CPLR 3404, must demonstrate a meritorious cause of action, a reasonable excuse for the delay, a lack of intent to abandon the action, and a lack of prejudice to the defendants (see Sheridan v Mid-Island Hosp., Inc., 9 AD3d 490 [2004]; Basetti v Nour, 287 AD2d 126, 130 [2001]; Lopez v Imperial Delivery Serv., 282 AD2d 190, 197 [2001]).
Here, the plaintiff failed to satisfy all four components of the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.