Opinion
February 9, 1998
Appeal from the Supreme Court, Kings County (Huttner, J.).
Ordered that the order is reversed, on the law, with costs, and the plaintiffs' motion is denied.
A party seeking to restore a matter to the trial calendar after it has been dismissed pursuant to CPLR 3404 must show the existence of a meritorious cause of action, a reasonable excuse for the delay, an intent not to abandon the matter, and lack of prejudice to the opposing party ( see, Carco Group v. Murphy, 233 A.D.2d 415; Bohlman v. Lorenzen, 208 A.D.2d 582; Innvar v. Schapira, 208 A.D.2d 903). The plaintiffs have failed on all counts. Thus, the court erred by vacating the dismissal and restoring the matter to the trial calendar.
Miller, J.P., Sullivan, Pizzuto and Florio, JJ., concur.