Opinion
January 21, 1997.
Order, Supreme Court, New York County (Beverly Cohen, J.), entered on or about May 30, 1996, which granted plaintiffs' motion to renew a prior order denying their motion to restore the action to the trial calendar, and, upon renewal, granted the motion, unanimously affirmed, with costs.
Before: Wallach, J. P., Nardelli, Tom, Mazzarelli and Andrias, JJ.
As defendants acknowledge, automatic dismissal under CPLR 3404 is no longer warranted by reason of an intervening change in the law ( Ronsco Constr. Co. v 30 E. 85th St. Co., 219 AD2d 281). On the merits, plaintiffs' motion to renew demonstrated a meritorious cause of action, adequate reasons for the delay in prosecuting the action and absence of prejudice to defendants ( see, Barton v Jablon, 181 AD2d 755, 755-756).