DeMarquez v. Gallo
Decision Date | 23 May 2006 |
Docket Number | 2004-10553. |
Parties | BRUNA DeMARQUEZ, Appellant, v. ANGELO GALLO et al., Respondents. |
Court | New York Supreme Court — Appellate Division |
Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, the motion is granted, the dismissal is vacated, and the action is restored to the trial calendar.
The Supreme Court improvidently exercised its discretion in denying the plaintiff's motion to restore the action to the trial calendar after it had been dismissed pursuant to CPLR 3404. The plaintiff demonstrated a meritorious cause of action, a reasonable excuse for the failure to timely restore, a lack of intent to abandon the matter, and a lack of prejudice to the opposing party (see Kranz v Braverman, 15 AD3d 451 [2005]). Thus, her motion should have been granted.
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Demarquez v. Gallo
...order dated August 18, 2004, vacated the dismissal of the action, and restored the action to the trial calendar ( see DeMarquez v. Gallo, 29 A.D.3d 853, 814 N.Y.S.2d 528). [94 A.D.3d 1040] Subsequent to this Court's decision and order dated May 23, 2006, restoring the action to the trial ca......
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