Opinion
1262
May 29, 2003.
Order, Supreme Court, New York County (Leland DeGrasse, J.), entered on or about March 27, 2002, which denied plaintiff's motion to restore the action to the calendar and for summary judgment and granted defendants' cross motion to dismiss the complaint pursuant to CPLR 3404, unanimously affirmed, without costs.
Joel M. Defren, for plaintiff-appellant.
David Rosenberg, for defendants-respondents.
Before: Nardelli, J.P., Saxe, Sullivan, Wallach, Williams, JJ.
The motion to restore was properly denied for failure to show a reasonable excuse for the delay in moving to restore, an intent not to abandon the action and lack of prejudice to defendants (see Burgos v. 2915 Surf Ave. Food Mart, 298 A.D.2d 282, 283). Nor is plaintiff entitled to summary judgment. We have considered plaintiff's other arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.