Opinion
April 29, 1991
Appeal from the Supreme Court, Kings County (Held, J.).
Ordered that the order is reversed, with costs, and the matter is remitted to the Supreme Court, Kings County, for a new determination in accordance herewith; and it is further,
Ordered that the plaintiffs, within 30 days after service upon them of a copy of this decision and order, with notice of entry, shall serve upon the defendant and file with the Supreme Court, Kings County, copies of their unredacted expert affidavits.
Since it is readily apparent from the record that the plaintiffs mistakenly believed in good faith that they were not required to name their experts or their qualifications (cf., Rubenstein v. Columbia Presbyt. Med. Center, 139 Misc.2d 349), we remit the matter to the Supreme Court in order to allow the plaintiffs an opportunity to resubmit the affidavits from "`named expert[s] which shall set forth [their] qualifications as * * * expert[s] and the evidentiary facts upon which [they base their] opinion'" (Maust v. Arseneau, 116 A.D.2d 1012, 1013, quoting from Coley v. Michelin Tire Corp., 88 A.D.2d 651). Lawrence, J.P., Eiber, Balletta and Ritter, JJ., concur.