Opinion
March 6, 2001.
Order, Supreme Court, New York County (Karla Moskowitz, J.), entered on or about August 22, 2000, which, in a medical malpractice action, granted plaintiffs' motion to vacate a judgment dismissing the action for their failure to appear at a compliance conference, unanimously affirmed, without costs.
David Ullman, for plaintiffs-respondents.
James B. Reich and Daniel S. Ratner, for defendants-appellants.
Before: Nardelli, J.P., Williams, Tom, Lerner, Friedman, JJ.
The judgment was properly vacated upon the affirmation of plaintiffs' attorney representing that the reason he did not appear at the conference was because he had mistakenly calendared it under the wrong date in his diary (see, Mediavilla v. Gurman, 272 A.D.2d 146; Telep v. Republic Elev. Corp., 267 A.D.2d 57, 58), and upon the affidavit of a physician specifying defendants' departures from certain accepted standards of care and opining that such departures contributed to plaintiff's injuries (see, Smith v. Tyras, 265 A.D.2d 217).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.