Opinion
November 8, 1993
Appeal from the Supreme Court, Nassau County (Saladino, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion is denied, without prejudice to renewal.
The defendants did not waive their right to appeal by engaging in additional discovery which was authorized in the order appealed from (cf., Chirkis v Hutton Co., 155 A.D.2d 411; Guillen v 652 Broadway Corp., 168 A.D.2d 486). Addressing the claim on the merits, we conclude that because the plaintiffs failed to submit a statement from a physician in support of their motion, the court improvidently exercised its discretion in granting it (see, Sylvester v Stephens, 148 A.D.2d 523). However, in keeping with the liberal policy permitting the amendment of pleadings under appropriate circumstances, the denial of the motion is without prejudice to renewal upon proper papers (see, Sylvester v Stephens, supra). Mangano, P.J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.