Opinion
December 5, 2000.
Order, Supreme Court, New York County (Paula Omanksy, J.), entered on or about August 17, 1999, which granted plaintiff's motion to vacate the action's dismissal and restore the case to the calendar on certain conditions, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered May 5, 2000, withdrawn pursuant to the stipulation of the parties dated October 19, 2000.
Thomas Torto, for plaintiff-respondent.
Stuart M. Bodoff, for defendants-appellants.
Before: Williams, J.P., Mazzarelli, Ellerin, Wallach, Rubin, JJ.
Plaintiff demonstrated a reasonable excuse for the delay in moving to restore the action, a meritorious case, a lack of prejudice to defendants, and the absence of an intent to abandon the matter (see,Sanchez v. Javind Apt. Corp., 246 A.D.2d 353).
Taking the "over-all circumstances" into account (see, Nicholos v. Cashelard Restaurant, 249 A.D.2d 187, 190), the appealed order constituted a proper exercise of discretion.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.