Reed v Morton (2004 NY Slip Op 50378(U))

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Reed v Morton

2004 NY Slip Op 50378(U)

Decided on May 4, 2004

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 4, 2004

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT:DECIDED May 4, 2004 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : PESCE, P.J., GOLIA and RIOS, JJ.
NO. 2003-1105 Q C

STANLEY REED, Appellant,

against

ALLEN MORTON JR., and PATSY MORTON , Respondents.

Appeal by plaintiff from an order of the Civil Court, Queens County (A. Gazzara, J.), entered on May 15, 2003, which denied his motion to restore the action to the calendar.

Order unanimously affirmed without costs.

It is well settled that a plaintiff moving to restore the action to the calendar more than one year after it was stricken therefrom must establish, inter alia, a meritorious cause of action and a reasonable excuse for the delay (see Lang v Wall Street Mortgage Bankers, Ltd., NYLJ, June 10, 1999 [App Term, 2d & 11th Jud Dists]). While
counsel had difficulty locating his client, plaintiff's motion papers fails to demonstrate a reasonable excuse for the delay. Moreover, plaintiff was unable to identify the address where the alleged fall occurred, and thus, plaintiff failed to demonstrate a meritorious cause of action.
Decision Date: May 04, 2004