Wednesday, January 17, 2007

Can you get a case restored more than a year after it has been stricken from the trial calendar, pursuant to CPLR 3404?

Yes, according to the First Department in Kaufman v. Bauer, decided on January 16, 2007. The Court has the discretion to grant a restoration motion if the movant demonstrates the merits of the claim; a lack of prejudice to the other side; a lack of intent to abandon the action; and a reasonable excuse for the delay.