Opinion
May 8, 1989
Appeal from the Supreme Court, Kings County (Cohen, J.).
Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is granted, and the cross motion is denied.
The respondents' cross motion to compel the plaintiff to accept service of their late answer may be considered a motion, pursuant to CPLR 5015(a)(1), to vacate their default in appearing (see, Shure v Village of Westhampton Beach, 121 A.D.2d 887; Mufalli v Ford Motor Co., 105 A.D.2d 642). That default was approximately one year in duration. Since they did not include an affidavit of merit with their cross motion, their cross motion is denied, and the plaintiff's motion is granted. Mangano, J.P., Thompson, Bracken and Eiber, JJ., concur.