Opinion
April 28, 1995
Appeal from the Supreme Court, Chautauqua County, Cass, Jr., J.
Present — Denman, P.J., Green, Wesley, Doerr and Balio, JJ.
Order unanimously reversed on the law with costs, application denied and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in granting the application of defendant pursuant to CPLR 3012 (d) to require plaintiffs to accept a late answer in this legal malpractice action. Defendant failed to offer a reasonable excuse for his default. We, therefore, reverse the order on appeal and remit the matter to Supreme Court for further proceedings pursuant to CPLR 3215 (b).