Opinion
November 26, 1990
Appeal from the Supreme Court, Kings County (Williams, J.).
Ordered that the order is affirmed, with costs.
Under the circumstances of this case the trial court properly exercised its discretion in denying the motion to dismiss the complaint for failure to prosecute. The extent of delay was minimal, there existed a justifiable excuse for the delay, and a sufficient affidavit of merit was provided. Moreover, the defendants have failed to allege prejudice and there is no evidence that the plaintiffs intended to abandon the case (see, Belsky v. Lowell, 117 A.D.2d 575). Thompson, J.P., Brown, Kunzeman and Eiber, JJ., concur.