Opinion
October 26, 1998
Appeal from the Supreme Court, Westchester County (Rosato, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court did not improvidently exercise its discretion in vacating the judgment entered upon the defendant's default in interposing an answer to the complaint. The defendant proffered a sufficient excuse for his unintentional default under the circumstances presented, and established the existence of a meritorious defense ( see, Kennedy v. Cassmon Realty Co., 139 A.D.2d 629; Stolpiec v. Wiener, 100 A.D.2d 931). Any prejudice suffered by the plaintiffs was self-created and was not attributable to the defendant's default.
Rosenblatt, J. P., Copertino, Sullivan and Altman, JJ., concur.