Opinion
2002-03092
Submitted June 14, 2002
July 30, 2002.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Dunne, J.), dated February 1, 2002, which, inter alia, denied their motion for leave to enter a judgment against the defendant Food Merchants RPG, Inc., upon its default in appearing or answering.
Chesney Murphy, LLP, Rockville Centre, N.Y. (Michelle S. Russo, P.C., of counsel), for appellants.
Martyn, Toher, Esposito Martyn, Mineola, N.Y. (Michael G. Conway and Catherine Martyn of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, ROBERT W. SCHMIDT, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion, inter alia, in denying the plaintiffs' motion for leave to enter a judgment against the defendant Food Merchants RPG, Inc. (hereinafter Food Merchants), upon its default in appearing or answering. Although Food Merchants' delay in serving its answer was due to law office failure, the delay was brief and the plaintiffs were not prejudiced thereby (see Khanna v. Premium Food Sports Enter., 279 A.D.2d 508; Trent v. Bedford Stuyvesant Restoration Ctr., 277 A.D.2d 444; Stone v. County of Nassau, 272 A.D.2d 392) . Furthermore, there is a potentially meritorious defense (see Trent v. Bedford Stuyvesant Restoration Ctr., supra; Stone v. County of Nassau, supra).
ALTMAN, J.P., KRAUSMAN, SCHMIDT and CRANE, JJ., concur.