Opinion
Submitted October 18, 2000.
November 13, 2000.
In an action, inter alia, to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Queens County (LaTorella, J.), dated December 10, 1999, which denied their motion pursuant to CPLR 3404 to restore the action to the trial calendar.
Mallilo Grossman, Flushing, N.Y. (Francesco Pomara, Jr., of counsel), for appellants.
Lewis, Johs, Avallone, Aviles Kaufman, Melville, N Y (Christopher Malafi of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
In order to restore a case to the trial calendar after it has been dismissed pursuant to CPLR 3404, the plaintiff must establish: (1) the merits of the case, (2) a reasonable excuse for the delay, (3) the absence of an intent to abandon the matter, and (4) the lack of prejudice to the nonmoving party if the case is restored to the calendar (see, Rudy v. Chasky, 260 A.D.2d 625; Iazzetta v. Vicenzi, 243 A.D.2d 540). All four components must be satisfied before the dismissal can be properly vacated (see, Rudy v. Chasky, supra; Iazzetta v. Vicenzi, supra). Since the plaintiffs failed to demonstrate either the existence of a meritorious cause of action or a reasonable excuse for their delay, the Supreme Court properly denied their motion to restore the action to the trial calendar.