Opinion
April 29, 1985
Appeal from the Supreme Court, Rockland County (Kelly, J.).
Order affirmed, with costs.
Under the circumstances, it was a proper exercise of discretion for Special Term to conclude that the delay in service of the reply to the counterclaim was excusable and that the reply was meritorious ( see, CPLR 2005; Sanders Assoc. v. Hague Dev. Corp., 100 A.D.2d 964). Mollen, P.J., Titone, Thompson and Lawrence, JJ., concur.