Opinion
February 10, 2000
Order, Supreme Court, New York County (Eileen Bransten, J.), entered April 22, 1999, as amended by order of the same court and Justice entered May 18, 1999, which granted defendant's motion to restore the action to the calendar, unanimously affirmed, without costs.
Robert A. Bruno for the Plaintiff-Respondent.
David B. Owens, Frank Gulino, and William C. Carey for the Defendants-Appellants.
SULLIVAN, J.P., NARDELLI, TOM, LERNER, ANDRIAS, JJ.
The action was properly restored upon a showing of an absence of prejudice to defendants attributable to the eight-month delay between the CPLR 3404 automatic dismissal of the action and plaintiff's motion to restore, a reasonable excuse for the delay, a meritorious cause of action and lack of intent to abandon the action (see, Salzano v. Mastrantonio, 267 A.D.2d 5, 1999 N.Y. App. Div. LEXIS 12383).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.