Opinion
Submitted October 6, 1999
November 15, 1999
Carol R. Finocchio, New York, N.Y. (Neil L. Fishman of counsel), for appellant.
Loscalzo Loscalzo, P.C. (Scott T. Horn, New York, N.Y., of counsel), for respondent.
SONDRA MILLER, J.P., WILLIAM C. THOMPSON, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Jones, J.), dated March 2, 1999, which, inter alia, granted the plaintiff's motion to restore the case to the trial calendar.
ORDERED that the order is reversed, on the law, with costs, and the motion is denied.
"To vacate a dismissal pursuant to CPLR 3404, the plaintiff must establish the merits of the case, a reasonable excuse for the delay, the absence of an intent to abandon the matter, and the lack of prejudice to the non-moving party if the case is restored to the calendar" (Iazzetta v. Vicenzi, 243 A.D.2d 540 ; see, Robinson v. New York City Tr. Auth., 203 A.D.2d 351; Hatcher v. Cassanova, 180 A.D.2d 664 ). "The moving party must satisfy all four components of the test before the dismissal can be properly vacated" (Fico v. Health Ins. Plan of Greater N.Y., 248 A.D.2d 432, 433 ).
In the instant case, the moving papers failed to meet those requirements. Thus, the Supreme Court improvidently exercised its discretion in granting the plaintiff's motion to restore the action to the calendar.
S. MILLER, J.P., THOMPSON, KRAUSMAN, FLORIO, and SCHMIDT, JJ., concur.