Opinion
March 11, 1996
Appeal from the Supreme Court, Kings County (Levine, J.).
Ordered that the order is reversed, on the law, with costs, and the motion to restore the action to the trial calendar is denied.
A plaintiff who seeks to restore a case to the trial calendar within a year following its being stricken therefrom must bear the burden of demonstrating, inter alia, the existence of a meritorious cause of action (see, Barton v Jablon, 181 A.D.2d 755; see also, Public Adm'r of County of N.Y. v Heil Corp., 126 A.D.2d 533). The plaintiff has failed to establish this.
The affidavit of the plaintiff's expert is insufficient to establish merit since this affidavit does not "make specific observations as to the procedures or treatments performed or the alleged improprieties therein" (Nepomniaschi v Goldstein, 182 A.D.2d 743, 744). O'Brien, J.P., Santucci, Altman and Goldstein, JJ., concur.