Opinion
October 31, 1989
Appeal from the Supreme Court, Bronx County (Anita R. Florio, J.).
The court was not precluded from exercising its discretion to excuse the delay or default as a result of law office failure on condition and to the extent of requiring plaintiffs' counsel to submit the proposed reply and affidavit of merits within 30 days after filing of the order and payment of $500 by plaintiffs' counsel to defendants and their counsel (CPLR 2005, 3012 [d]). This is particularly so because of the prior proceedings herein.
Concur — Kupferman, J.P., Carro, Asch, Rosenberger and Smith, JJ.