Opinion
April 7, 1994
Appeal from the Supreme Court, Suffolk County (Marquette L. Floyd, J.).
The IAS Court did not abuse its discretion in excusing plaintiffs' noncompliance with CPLR 3012 (b) (see, De Vito v Marine Midland Bank, 100 A.D.2d 530, 531), the delay in serving the complaint being of relatively short duration and attributable in part to miscommunication between the parties' attorneys, and plaintiffs having made a strong showing on the merits of this products liability claim (CPLR 3012 [d]).
Concur — Carro, J.P., Wallach, Asch, Nardelli and Williams, JJ.