Opinion
June 6, 2000.
Order, Supreme Court, New York County (Harold Tompkins, J.), entered March 9, 1999, which denied plaintiff's motion to restore this action to the trial calendar, unanimously reversed, on the law, the facts, and in the exercise of discretion, without costs, and the motion granted.
Conrad Jordan, for plaintiff-appellant.
Daniel Friedman, for defendants-respondents.
Before: Rosenberger, J.P., Mazzarelli, Ellerin, Rubin, Friedman, JJ.
Although plaintiff failed to move to restore this action within one year after it was marked off the court's calendar (see, CPLR 3404), she demonstrated that she had a meritorious cause of action, a reasonable excuse for the delay in seeking to restore the action to the calendar, a lack of prejudice to defendant, and a lack of intent to abandon the action (see, Rodriguez v. Middle Atlantic Auto Leasing, 122 A.D.2d 720, app dismissed 69 N.Y.2d 874). We note in this regard that plaintiff's allegations were uncontroverted as defendant did not oppose the motion. Accordingly, Supreme Court abused its discretion in refusing to grant the requested relief.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.