Opinion
May 10, 1999
Appeal from the Supreme Court, Richmond County (Sangiorgio, J.).
Ordered that the order is affirmed, with costs.
The trial court did not improvidently exercise its discretion in vacating its previous order obtained upon the plaintiff's default, due to law office failure, in opposing the appellants' motion for summary judgment dismissing the complaint insofar as asserted against them ( see, CPLR 2005, 5015 PLR N.Y.CPLR [a] [1]; General Elec. Capital Auto Lease v. Terzi, 232 A.D.2d 449, 450; Miles v. Blue Label Trucking, 232 A.D.2d 382). As to the merits of the defendants' summary judgment motion, we find that the plaintiff raised triable issues of fact ( see, CPLR 3212 [b].
The defendants' remaining contentions are either without merit or academic in light of our determination.
O'Brien, J. P., Friedmann, H. Miller and Smith, JJ., concur.