A case marked off or struck from the trial calendar or unanswered on a clerk's calendar call, and not restored within one year thereafter, is deemed abandoned and will be dismissed for neglect to prosecute. A plaintiff seeking to restore a case to the trial calendar more than one year after it has been marked off must demonstrate a potentially 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 the defendant. All four components of the test must be satisfied before the dismissal can be vacated and the action restored.
Patriarca v. Oreckinto, NY Slip Op 03795 (2d Dep't July 8, 2020)
Here is the decision.
