Opinion
Submitted October 18, 2000.
November 13, 2000.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (R. Goldberg, J.), dated December 6, 1999, which denied his motion to vacate the dismissal of the action pursuant to CPLR 3404.
Glenn H. Shore (John Evans Bos, New York, N.Y., of counsel), for appellant.
Cullen and Dykman, Brooklyn, N.Y. (Joseph C. Fegan and Joseph Miller of counsel), for respondent.
Before: GUY JAMES MANGANO, P.J., SONDRA MILLER, LEO F. McGINITY, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
A court, in a proper exercise of discretion, may grant a motion to vacate the dismissal of an action pursuant to CPLR 3404, provided that the plaintiff carries his or her burden of establishing that: (1) he or she has a meritorious cause of action, (2) there was a reasonable excuse for the delay in moving to vacate, (3) there was a lack of intent to abandon the action, and (4) there is no prejudice to the defendant (see, Knight v. City of New York, 193 A.D.2d 720). The plaintiff failed to satisfy the standard in this case.