Opinion
February 20, 1990
Appeal from the Supreme Court, Queens County (Leviss, J.).
Ordered that the order is reversed, on the law, without costs or disbursements, the motion is denied, and the complaint is dismissed.
The Supreme Court erred in granting the plaintiff's motion to restore the action to the Trial Calendar, as the plaintiff failed to submit an adequate affidavit of merit in support of that motion (see, 22 NYCRR 202.21 [f]; Wulster v Rubinstein, 126 A.D.2d 545; Friedberg v Bay Ridge Orthopedic Assocs., 122 A.D.2d 194). We note that the expert's affidavit submitted by the plaintiff in opposition to the defendant's motion to reargue, which motion was denied, is not properly before us on this appeal. Thompson, J.P., Brown, Eiber and Rosenblatt, JJ., concur.