121 Greene Street Assoc. v. Anchor Plumbing

Full title: 121 GREENE STREET ASSOCIATES et al., Appellants, v. ANCHOR PLUMBING CORP…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 4, 1999

258 A.D.2d 276 (N.Y. App. Div. 1999)

682 N.Y.S.2d 857

Opinion

February 4, 1999

Appeal from the Supreme Court, New York County (Leland DeGrasse, J.).

Plaintiffs' motion to restore their action, previously dismissed by operation of law pursuant to CPLR 3404 N.Y.C.P.L.R. for want of prosecution, was properly denied in light of plaintiffs' failure to rebut the presumption of abandonment arising by reason of the CPLR 3404 dismissal, and in light of plaintiffs' failure to make the requisite showing of a reasonable excuse for the belatedness of their motion to restore and of a meritorious cause of action ( see, Todd Co. v. Birnbaum, 182 A.D.2d 505).

Concur — Lerner, J. P., Rubin, Mazzarelli and Andrias, JJ.