Opinion
October 17, 1994
Appeal from the Supreme Court, Kings County (Held, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, and the plaintiff's motion is denied.
The Supreme Court improvidently exercised its discretion in granting the plaintiff's motion to restore the case to the trial calendar. The plaintiff failed to meet his burden of proving (1) that he has a meritorious cause of action, (2) that there is a reasonable cause for the delay, (3) that there is a lack of intent to abandon the action, and (4) that there is no prejudice to the defendant by the delay in bringing the action to trial (see, Kopilas v. Peterson, 206 A.D.2d 460; La Froscia Constr. Corp. v. City of Yonkers, 140 A.D.2d 496; Bergan v. Home for Incurables, 124 A.D.2d 517). Bracken, J.P., Balletta, Ritter, Pizzuto and Florio, JJ., concur.