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Rivers v. Jamaica Water Supply Company

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1998
250 A.D.2d 661 (N.Y. App. Div. 1998)

Opinion

May 11, 1998

Appeal from the Supreme Court, Queens County (Lerner, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

"A party seeking to restore a case to the trial calendar after it has been dismissed pursuant to CPLR 3404 must demonstrate 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 nonmoving party" ( Civello v. Grossman, 192 A.D.2d 636; see, Fico v. Health Ins. Plan, 248 A.D.2d 432; Iazzetta v. Vicenzi, 243 A.D.2d 540; Henne v. Lefrak, 246 A.D.2d 628; Miller v. City of New York, 242 A.D.2d 370). Moreover, all of the above requirements must be satisfied before a case can be properly restored ( see, Fico v. Health Ins. Plan, supra; Gonzalez v. First Natl. Supermarket, 232 A.D.2d 609; Roland v. Napolitano, 209 A.D.2d 501).

The plaintiffs have failed to establish their entitlement to restoration of the case to the trial calendar ( see, Fico v. Health Ins. Plan, supra; Kopilas v. Peterson, 206 A.D.2d 460).

Thompson, J.P., Krausman, Goldstein and Luciano, JJ., concur.


Summaries of

Rivers v. Jamaica Water Supply Company

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1998
250 A.D.2d 661 (N.Y. App. Div. 1998)
Case details for

Rivers v. Jamaica Water Supply Company

Case Details

Full title:MAGGIE RIVERS et al., Appellants, v. JAMAICA WATER SUPPLY COMPANY et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 11, 1998

Citations

250 A.D.2d 661 (N.Y. App. Div. 1998)
671 N.Y.S.2d 994

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