Opinion
October 2, 1995
Appeal from the Supreme Court, Queens County (Posner, J.).
Ordered that the orders are affirmed, with one bill of costs.
Under the circumstances of this case, where the action was not marked off the calendar due to any default on the plaintiffs' part, the motion to restore was brought within one year of the date the case was marked off the calendar, and the physician's affidavit annexed to the plaintiffs' moving papers constituted a sufficient affidavit of merit, it was not an improvident exercise of discretion to grant a motion to restore the action to the trial calendar (see, Balducci v. Jason, 133 A.D.2d 436).
We have reviewed the appellant's remaining contention and conclude that it is without merit. Balletta, J.P., Thompson, Santucci, Altman and Hart, JJ., concur.