Upon review of the record and in light of the strong public policy in favor of resolving cases on their merits, we find that the motion court improvidently exercised its discretion in denying plaintiffs' motion to restore pursuant to CPLR 3404. The statement of plaintiffs' medical expert submitted in support of their motion, specifically setting forth the acts and omissions which constitute the alleged malpractice committed by defendants, reveals material questions of fact...
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