ROSENBERG v. MAGGIO

The judgment was properly vacated upon the affirmation of plaintiffs' attorney representing that the reason he did not appear at the conference was because he had mistakenly calendared it under the wrong date in his diary (see, Mediavilla v. Gurman, 272 A.D.2d 146; Telep v. Republic Elev. Corp., 267 A.D.2d 57, 58), and upon the affidavit of a physician specifying defendants' departures from certain accepted standards of care and opining that such departures contributed to plaintiff's injuries (see, Smith v. Tyras, 265 A.D.2d 217).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.