Opinion
November 23, 1987
Appeal from the Supreme Court, Nassau County (Oppido, J.).
Ordered that the order is affirmed, with costs.
We find that the Supreme Court properly exercised its discretion in restoring this action to the calendar under the circumstances herein (see, CPLR 3404; McLaughlin, Practice Commentary, McKinney's Cons Laws of N.Y., Book 7B, 1987 Supp Pamph, CPLR 3404, at 41; Boyle v. Krebs Schulz Motors, 18 A.D.2d 1010). The defendants conceded, and a review of the record confirms, that the plaintiff set forth a meritorious cause of action and established a reasonable excuse for the delay (see, CPLR 2005) and an intent not to abandon this matter (cf., Ornstein v Kentucky Fried Chicken, 121 A.D.2d 610). There has been no prejudice to the defendants. Therefore, the plaintiff's motion was properly granted. Brown, J.P., Eiber, Kunzeman and Spatt, JJ., concur.