Diaz v. New York Downtown Hospital

—Order, Supreme Court, New York County (Edward Lehner, J.), entered April 6,1998, which, upon renewal, granted plaintiffs motion to vacate a prior order dismissing the action upon her failure to appear at a calendar call, and to restore the action to the calendar, unanimously affirmed, with costs.

Plaintiffs motion to renew was properly granted upon an adequate showing that her failure to submit an affidavit of merit in support of the first motion was inadvertent, and in the absence of any showing by defendants of prejudice attributable to the short delay caused by such failure (see, Pinto v…