Opinion
Argued October 3, 2000.
October 30, 2000.
In an action, inter alia, to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Westchester County (Nastasi, J.), entered August 10, 1999, which granted the plaintiffs' motion to vacate a prior order of the same court dismissing the complaint upon their failure to appear at a pretrial conference, and restored the action to the calendar.
Mulholland, Minion Roe, Williston Park, N.Y. (Robert A. Weis of counsel), for appellants.
Stern Keiser Panken Wohl, LLP, White Plains, N.Y. (Gerald K. Geist of counsel), for respondents.
Before: THOMAS R. SULLIVAN, J.P., SONDRA MILLER, HOWARD MILLER, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
A court may vacate an order entered on default upon a showing by the movant of a reasonable excuse and a meritorious claim (see, Barbagallo v. Nationwise Exterminating Deodorizing, 260 A.D.2d 518; Grutman v. Southgate at Bar Harbor Home Owners' Assn., 207 A.D.2d 526). The plaintiffs' default in appearing at a pretrial conference was due to reasonable law office failure (see, CPLR 2005; Parker v. City of New York, 272 A.D.2d 310; Belisi v. Gifford, 269 A.D.2d 552). The plaintiffs promptly moved to cure their default, and thus there was virtually no delay or prejudice to the defendants. Additionally, the plaintiffs demonstrated the merit of their claims. Thus, the Supreme Court providently exercised its discretion in granting the motion to vacate the default in appearing at the conference (see, Mena v. Choon-Ket Kong, 269 A.D.2d 575; Fox v. Bicanic, 163 A.D.2d 272; Charmer Indus. v. 71 Grand Liq. Corp., 128 A.D.2d 825).