Opinion
October 19, 1998
Appeal from the Supreme Court, Kings County (Bernstein, J.).
Ordered that the order is affirmed, with costs.
"'A party seeking to restore a case to the trial calendar after it has been dismissed pursuant to CPLR 3404 must demonstrate the merits of the case, a reasonable excuse for the delay, the absence of an intent to abandon the matter and a lack of prejudice to the nonmoving party'" ( Rivers v. Jamaica Water Supply Co., 250 A.D.2d 661, quoting Civello v. Grossman, 192 A.D.2d 636). The plaintiff satisfied this standard.
Miller, J. P., Thompson, Pizzuto, McGinity and Luciano, JJ., concur.