Assad v. Gelb

*739Plaintiffs sought relief from Special Term from an unconditional order of preclusion granted on default, based upon their failure to respond to defendants’ demands for bills of particulars. Special Term properly denied the motion to vacate for lack of an affidavit of merit from an expert competent to testify to evidentiary facts which would support plaintiffs’ claim of professional malpractice (Horvath v Bayonne Hosp., 99 AD2d 824; Nelson v Eastman Dental Center, 85 AD2d 887). Furthermore, plaintiffs’ attorney did not set forth any reasonable excuse for the failure to comply with defendants’…