Opinion
October 24, 1994
Appeal from the Supreme Court, Nassau County (Ain, J.).
Ordered that the appeal from the order entered February 9, 1993, is withdrawn; and it is further,
Ordered that the order entered July 6, 1993, is reversed insofar as appealed from, on the law, the branch of the plaintiffs' motion which was to vacate the order entered February 9, 1993, is granted, the order entered February 9, 1993, is vacated, and the motion and cross motion are denied; and it is further,
Ordered that the appellant is awarded one bill of costs.
The affidavits of a medical expert submitted in support of the plaintiffs' motion to vacate the order dismissing their complaint for failure to prosecute, while inartfully drawn, were sufficient to support a claim that the treatment rendered to the plaintiffs' decedent fell below acceptable standards and caused her injuries. Thus, the Supreme Court erred in denying the branch of the plaintiffs' motion which was to vacate the order granting the motion and cross motion to dismiss on the ground that the plaintiffs failed to meet their burden of establishing the meritorious nature of their cause of action (see, Wulster v Rubinstein, 126 A.D.2d 545). Sullivan, J.P., Balletta, Lawrence and Florio, JJ., concur.