Opinion
August 19, 1985
Appeal from the Supreme Court, Kings County (Jordan, J.).
Order affirmed, with costs.
We agree with Special Term that defendant set forth a meritorious defense in his moving papers and that under the circumstances herein presented the failure of defendant's insurer to transmit the summons and complaint to its legal department, which resulted in the default, was properly excused by Special Term in the exercise of its discretion ( see, CPLR 3012 [d]; 5015 [a]). Gibbons, J.P., Niehoff, Rubin and Kunzeman, JJ., concur.