Opinion
December 28, 1998
Appeal from the Supreme Court, Westchester County (Colabella, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
We agree with the Supreme Court that the plaintiffs' demonstration of a valid excuse, based on law office failure, for their default in opposing a prior motion for summary judgment, and their demonstration of the existence of a meritorious action, were sufficient to warrant an exercise of discretion in their favor (see, CPLR 5015 [a] [1]; 2005; see also, Alliance Prop. Mgt. Dev. v. Andrews Ave. Equities, 70 N.Y.2d 831).
Bracken, J. P., Ritter, Copertino and Florio, JJ., concur.