Opinion
November 19, 1993
Appeal from the Supreme Court, Niagara County, Koshian, J.
Present — Denman, P.J., Pine, Lawton, Doerr and Davis, JJ.
Order unanimously affirmed without costs. Memorandum: It was not an improvident exercise of discretion for the court to deny defendant's motion to dismiss plaintiff's action pursuant to CPLR 3012 (b) and to grant plaintiff's cross motion permitting late service of the complaint. The court's decision to excuse plaintiff's delay caused by law office failure was within its sound discretion (see, Special Prods. Mfg. v Douglass, 159 A.D.2d 847, 848), and plaintiff's submissions in response to defendant's motion were sufficient to show merit (see, Weis v Weis, 138 A.D.2d 968, 969; Tonello v Carborundum Co., 91 A.D.2d 1169, 1170, affd 59 N.Y.2d 720, rearg denied 60 N.Y.2d 587).