Opinion
June 19, 1995
Appeal from the Supreme Court, Westchester County (Coppola, J.).
Ordered that the order is affirmed, with costs.
In a proper exercise of its discretion, a court may grant a request to vacate a dismissal for abandonment on the basis of failure to prosecute pursuant to CPLR 3404, provided that the plaintiff carries the affirmative burden of establishing all of the following four factors: (1) a meritorious cause of action, (2) a reasonable excuse for the delay, (3) a lack of intent to abandon the action, and (4) a lack of prejudice to the defendant (see, e.g., Knight v. City of New York, 193 A.D.2d 720, 721; Malpass v. Mavis Tire Supply Corp., 143 A.D.2d 890; Ornstein v Kentucky Fried Chicken, 121 A.D.2d 610, 611). The record establishes that the plaintiffs satisfied their burden of establishing each of the four factors, and the court's ruling was, therefore, correct. Sullivan, J.P., Miller, Copertino, Joy and Friedmann, JJ., concur.