Opinion
May 6, 1985
Appeal from the Supreme Court, Westchester County (Gurahian, J.).
Order affirmed insofar as appealed from, without costs or disbursements, on condition that defendant pays plaintiffs $200 and serves an answer within 30 days after service upon her of a copy of the order to be made hereon, with notice of entry. In the event said conditions are not complied with, order reversed insofar as appealed from, as a matter of discretion, with costs, and defendant's motion to vacate her default denied.
Defendant established a reasonable excuse for her delay in answering the complaint and raised a meritorious defense (CPLR 5015 [a] [1]; Passalacqua v. Banat, 103 A.D.2d 769). Therefore, Special Term did not abuse its discretion in vacating the default judgment entered against her and permitting her to serve a notice of appearance and answer. However, we have imposed an appropriate sanction. Titone, J.P., Lazer, Thompson and Eiber, JJ., concur.