Opinion
Submitted May 2, 2001.
June 11, 2001.
In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Nassau County (Joseph, J.), entered December 29, 1999, which, inter alia, denied their motion to vacate an order of the same court entered January 26, 1999, dismissing the complaint upon their failure to file a note of issue.
Pulvers, Pulvers, Thompson Kutner, LLP, New York, N Y (Charles E. Kutner of counsel), for appellants.
Costello, Shea Gaffney, LLP, New York, N.Y. (David N. Zane, Paul E. Blutman and Leonard J. Romeo of counsel), for respondent North Shore University Hospital. Santangelo, Benvenuto Slattery (James W. Tuffin, Manhasset, N.Y., of counsel), for respondent Charles Libby.
Wagner, Doman Leto, P.C., Mineola, N.Y. (Marianne C. Gelfman of counsel), for respondent James P. Palma.
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, LEO F. McGINITY, NANCY E. SMITH and BARRY A. COZIER, JJ.
ORDERED that the order and judgment is affirmed, with one bill of costs.
In support of their motion to vacate an order dismissing the action, the plaintiffs failed to demonstrate a reasonable excuse for their failure to file a note of issue and that a meritorious cause of action existed (see, CPLR 3216[e]; Neu v. Paul Realty Co., 260 A.D.2d 615; Papadopoulas v. R.B. Supply Corp., 152 A.D.2d 552). Thus, their motion was properly denied.