Opinion
October 1, 1998
Appeal from the Supreme Court, New York County (Lewis Friedman, J.).
Although the motion court found that defendants, offered "no realistic plausible excuse" for their failure to timely answer the amended complaint, it properly gave defendants an opportunity to open the default given a meritorious defense, as indicated by the denial of plaintiffs' motion for a preliminary injunction, defendants' vigorous defense of the action, which included a largely successful motion to dismiss the amended complaint and demands for documents during the period of delay, and plaintiffs' failure to demonstrate any prejudice as a result of the three-month delay ( see, Pansey v. RKO Gen., 102 A.D.2d 762; Muney Design v. Roscoe Mgt. Co., 97 A.D.2d 712). Conditioning vacatur of this default upon defendants' payment of $500 to plaintiffs' attorney was an appropriate exercise of discretion.
Concur — Milonas, J. P., Rosenberger, Ellerin and Andrias, JJ.