For plaintiff, this train's still in the station.

To succeed in getting an action restored to the trial calendar, movant must make a showing that (1) the cause of action is meritorious, (2) there was a reasonable excuse for the delay in restoring, (3) there was no intent to abandon, and (4) there is no prejudice to the other side, or so said the Second Department, in Pryor v. Long Island Rail Road, which was decided on May 8, 2007. In granting plaintiff's motion to restore, the court noted that the action was originally marked off the calendar voluntarily to permit further discovery, that the parties had stipulated to extend plaintiff's time to restore, and that the parties continued to conduct discovery beyond the time agreed to.