| Imperato v Mount Sinai Med. Ctr. |
| 2011 NY Slip Op 01532 [82 AD3d 414] |
| March 1, 2011 |
| Appellate Division, First Department |
| Maryann Imperato et al., Respondents, v Mount SinaiMedical Center et al., Appellants. |
—[*1]
Order, Supreme Court, New York County (Joan B. Lobis, J.), entered May 5, 2010, whichgranted plaintiffs' motion to vacate an order precluding their expert witness from testifying attrial and denied defendants' motion to dismiss the case, unanimously affirmed, without costs.
Plaintiffs' counsel's debilitating illness, coupled with "law office failure," was a reasonableexcuse warranting relief from the preclusion order entered on default (see Frenchy's Bar &Grill v United Intl. Ins. Co., 251 AD2d 177, 177-178 [1998]). Plaintiffs' expert witnessdisclosure sufficiently delineated defendants' alleged departures from accepted medical practiceand their causal connection to plaintiffs' injuries (Ford v Empire Med. Group, 123 AD2d820, 821-822 [1986]; see also Levy v New York City Hous. Auth., 287 AD2d 281[2001]). Moreover, there is no evidence that the failure to timely disclose was willful,contumacious or manifested bad faith (Tsai v Hernandez, 284 AD2d 116, 117 [2001]).Concur—Sweeny, J.P., Catterson, Moskowitz, Renwick and Richter, JJ.