Opinion
June 17, 1991
Appeal from the Supreme Court, Suffolk County (Vaughn, J.).
Ordered that the order is affirmed, with one bill of costs payable by the appellants appearing separately and filing separate briefs.
In order to have his case restored to the trial calendar pursuant to CPLR 3404, the plaintiff was required to show a reasonable excuse for the delay in prosecution, a lack of prejudice to the defendants, and merit to his case (see, Stern v Astino, 161 A.D.2d 757; Ornstein v Kentucky Fried Chicken, 121 A.D.2d 610; Sheehan v Hollywood, 112 A.D.2d 211). Upon review of the record, we find that the plaintiff made the requisite showing and that the Supreme Court, therefore, properly exercised its discretion in restoring this action to the calendar (see, Dramer v Board of Educ., 134 A.D.2d 478; Roeder v Allstate Ins. Co., 115 A.D.2d 469). Bracken, J.P., Eiber, Harwood and Balletta, JJ., concur.