Opinion
Submitted October 13, 1999
November 15, 1999
In an action to recover damages for medical malpractice, etc., the defendant Alan M. Crystal appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Levine, J.), dated February 3, 1999, as granted that branch of the plaintiffs' motion which was to vacate the dismissal of the action pursuant to CPLR 3404.
LoPresti Birzon (Mauro Goldberg, Great Neck, N.Y. [Kenneth Mauro and Timothy R. Capowski] of counsel), for appellant.
CORNELIUS J. O'BRIEN, J.P., THOMAS R. SULLIVAN, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiffs' motion which was to vacate the dismissal of the action pursuant to CPLR 3404 is denied.
"It is well settled that in order to vacate a dismissal pursuant to CPLR 3404, the plaintiff must establish the merits of the case, a reasonable excuse for the delay, the absence of an intent to abandon the matter, and the lack of prejudice to the non-moving party if the case is restored to the calendar" ( Iazzetta v. Vicenzi, 243 A.D.2d 540; see, Robinson v. New York City Tr. Auth., 203 A.D.2d 351; Hatcher v. Cassanova, 180 A.D.2d 664). A plaintiff must satisfy all four requirements. In the instant case, the plaintiffs failed to satisfy any of these requirements ( see, Iazzetta v. Vicenzi, 243 A.D.2d 540).
O'BRIEN, J.P., SULLIVAN, GOLDSTEIN, and FEUERSTEIN, JJ., concur.