Appellate Division of the Supreme Court of the State of New York September 23, 2002 (Buckley v. Astoria Federal Savings & Loan Ass'n)

*697A plaintiff moving to restore an action to the trial calendar more than one year after it was stricken from the calendar, after it has been dismissed pursuant to CPLR 3404, must establish: (1) a meritorious cause of action, (2) a reasonable excuse for the delay in prosecution of the action, (3) a lack of intent to abandon the action, and (4) a lack of prejudice to the defendant (see Fernandez