DECISION ORDER
ORDERED that the appeal from the order dated August 10, 1998, is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,
ORDERED that the order dated June 3, 1998, is reversed insofar as appealed from, on the law and as a matter of discretion, without costs or disbursements, the plaintiffs' cross motion is granted, and the order dated January 5, 1998, is vacated; and it is further,
ORDERED that the plaintiffs' attorneys shall personally pay $500 to the defendant's attorneys within 30 days after service upon them of a copy of this decision and order, with notice of entry; and it is further,
ORDERED that the plaintiffs shall produce the infant plaintiff for an examination before trial at a time and place to be set in a written notice of at least 10 days, or at such time and place as the parties shall agree.
The defendant failed to establish that a written demand that the plaintiffs resume prosecution of the action by serving and filing a statement of readiness within 90 days was properly served upon the plaintiffs ( see, CPLR 3216[b][2], [3]). Moreover, the plaintiffs established both a reasonable excuse for the delay in completing discovery ( see, CPLR 3216[e]; Cobble Hill Nursing Home v. Griffo, 240 A.D.2d 459), and a meritorious cause of action ( see, Martin v. Zangrillo, 186 A.D.2d 724). Accordingly, the court improperly deemed the action dismissed for failure to complete discovery and serve and file a statement of readiness within 90 days of the court's demand therefor ( see, CPLR 3216[b][3]).
Since the plaintiffs' failure to complete discovery in a timely manner was due to their attorneys' failure to appear when the infant plaintiff appeared for a deposition, we direct the plaintiffs' attorneys to personally pay $500 to the defendant's attorneys ( see, e.g., Pegalis v. Gibson., 237 A.D.2d 420).