The motion was properly denied on the ground that the allegedly defamatory statements are nonactionable, since they are contained in reports concerning plaintiff's psychological and emotional problems that were prepared by defendant as an expert witness in a judicial proceeding involving child custody and visitation in which plaintiff's mental condition was pertinent ( Finkelstein v. Bodek, 131 A.D.2d 337). We would add that plaintiff's attorney also failed to establish a sufficient excuse for the default.
Concur — Rosenberger, J. P., Wallach, Rubin and Andrias, JJ.