Opinion
2008-1624 Q C.
Decided October 13, 2009.
Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered August 13, 2008. The order denied plaintiff's motion to restore the case to the trial calendar.
ORDERED that the order is affirmed without costs.
PRESENT: PESCE, P.J., GOLIA and STEINHARDT, JJ.
In this action by a provider to recover assigned first-party no-fault benefits, the parties consented to have the case marked off the trial calendar in March 2007. In August 2008, plaintiff moved to restore the case. The Civil Court denied plaintiff's motion "with leave to renew upon a proper showing/reasonable excuse as to why plaintiff did not move to restore within one year of the case being marked off the trial calendar." The instant appeal by plaintiff ensued.
An action that has been marked off the trial calendar, whether by consent of the parties or stricken by the court, which is not restored to the calendar within one year, may only be restored thereafter if the plaintiff demonstrates, inter alia, a meritorious cause of action and a reasonable excuse for the delay in moving to restore the case ( see Kaufman v Bauer , 8 Misc 3d 60 [App Term, 1st Dept 2005], revd on other grounds 36 AD3d 481; see generally Uniform Rules for Trial Courts [ 22 NYCRR] § 208.14 [c]; Goldstein v Block , 7 AD3d 669 ). Herein, plaintiff failed to satisfy the foregoing requirements. Accordingly, the order is affirmed.
Pesce, P.J., Golia and Steinhardt, JJ., concur.