Berry v. Whitely

—In an action to recover damages for medical malpractice, etc., the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Levine, J.), dated October 30, 1997, which, inter alia, granted that branch of the plaintiffs motion which was to vacate the dismissal of the action pursuant to CPLR 3404, and to restore the action to the trial calendar.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion is denied.

Since the plaintiffs submissions consisted of unsworn medical reports (see, Miller v City of New…