Opinion
December 5, 1995
Appeal from the Supreme Court, New York County (Richard Lowe, III, J., Myriam Altman, J.).
The IAS Justice, who took over Justice Altman's caseload upon her elevation to the Appellate Division, Second Department, properly heard this motion, which included significant new matter not previously presented to Justice Altman. Thereupon, the IAS Court properly exercised its discretion in granting the motion as plaintiff demonstrated a reasonable excuse for her delay in returning to the United States, arriving twelve days after the date prescribed by the conditional order of dismissal, and a meritorious action.
Concur — Sullivan, J.P., Ellerin, Wallach, Rubin and Mazzarelli, JJ.