Practice point: In seeking to restore a case more than one year after it has been dismissed pursuant to CPLR 3404, plaintiff must demonstrate a meritorious cause of action, a reasonable excuse for the delay in prosecuting the action, a lack of intent to abandon the action, and a lack of prejudice to defendants.
Practitioners should note that plaintiff must satisfy all four elements before the dismissal can be vacated and the case restored.
Case: Bornstein v. Clearview Props., Inc., NY Slip Op 09602 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
