Dixon v. Eastern State Construction Co. (39 A.D.3d 230, 2007)

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered July 24, 2006, which granted plaintiffs’ motion to reinstate the complaint, unanimously affirmed, without costs.

Plaintiff demonstrated a sufficient excuse for the delay, in that he was relying on his prior counsel’s misrepresentations that the matter was progressing (see Pagan v Estate of Anglero, 22 AD3d 285 [2005]). Plaintiff demonstrated he had a sufficiently meritorious cause of action to warrant going forward. Concur—Andrias, J.E, Friedman, Marlow, Williams and Catterson, JJ.