Ambrose v Rudzewick

[*1] Ambrose v Rudzewick 2008 NY Slip Op 51100(U) [19 Misc 3d 143(A)] Decided on May 27, 2008 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 27, 2008
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON PATTERSON and GOLIA, JJ
2007-437 Q C.

Kim Ambrose, Appellant,

against

Kenneth Rudzewick d/b/a GREAT EXPECTATIONS REALTY, Respondent. KENNETH RUDZEWICK d/b/a GREAT EXPECTATIONS REALTY, Third-Party Plaintiff-Respondent, MASPETH ROOFING, INC. Third-Party Defendant-Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Howard G. Lane, J.), dated September 14, 2006. The order denied plaintiff's motion to restore the case to the trial calendar.

Order affirmed without costs.

Plaintiff did not move to restore the instant matter within one year after it was stricken from the trial calendar (see Uniform Rules for the New York City Civil Court [22 NYCRR] § 208.14 [c]) and was therefore required to show, inter alia, a reasonable excuse for the delay (see Chavez v 407 Seventh Ave. Corp., 39 AD3d 454 [2007]; LoFredo v CMC Occupational Health Servs., 189 Misc 2d 781 [2001]; Lang v Wall St. Mtge. Bankers, Ltd., NYLJ, June 10, 1999 [App Term, 2d & 11th Jud Dists]). Upon a review of the record, we find that the court below did not improvidently exercise its discretion in concluding that plaintiff failed to offer a reasonable excuse for the approximately three-year delay in seeking to restore the action to the calendar (see generally Krichmar v Queens Med. Imaging, P.C., 26 AD3d 417, 419 [*2][2006]; Sherry v Sherry, 306 AD2d 398 [2003]; Dalto v 3660 Park Wantagh Owners, 275 AD2d 296 [2000]; Fico v Health Ins. Plan of Greater N. Y., 248 AD2d 432, 434 [1998]).

Pesce, P.J., Weston Patterson and Golia, JJ., concur.