Opinion
Submitted September 27, 2000.
October 30, 2000.
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated February 28, 2000, which granted the plaintiffs' motion to vacate their default in appearing at a trial conference and to restore the action to the trial calendar.
Quesada Moore, LLP, West Hempstead, N.Y. (Robert L. Moore of counsel), for appellant.
Ranni Vassalle Dussek Dimartini, LLP, New York, N.Y. (Joseph J. Ranni of counsel), for respondents.
Before: DAVID S. RITTER, J.P., WILLIAM C. THOMPSON, WILLIAM D. FRIEDMANN, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, and the motion is denied.
Even when, as here, the plaintiffs timely move to vacate their default in appearing at a trial conference and to restore the action to the trial calendar within a year of the date it was marked off, they must demonstrate a reasonable excuse for the default, a meritorious claim, a lack of intent to deliberately abandon the action, and a lack of prejudice to the nonmoving party (see, Rose v. Kagan Clinton, 274 A.D.2d 510 [2d Dept., July 24, 2000]; Lupoli v. Venus Labs., 264 A.D.2d 820; Barton v. Jablon, 181 A.D.2d 755). Since the plaintiffs failed to demonstrate the existence of a meritorious claim, the Supreme Court erred in granting their motion.