Opinion
May 28, 1985
Appeal from the Supreme Court, Queens County (Lonschein, J.).
Order modified by reducing the sum plaintiffs were directed to pay to the defendants to $250. As so modified, order affirmed, insofar as appealed from, with costs to plaintiffs. Plaintiffs' time to make the required payment and to serve their complaint is extended until 20 days after service upon them of a copy of the order to be made hereon, with notice of entry.
On the totality of the circumstances presented and in light of CPLR 2005, 3012 PLR (d), it was a proper exercise of discretion to relieve plaintiffs of their default. However, Special Term should have conditioned such relief upon the payment of only $250 ( cf. Stark v. Marine Power Light Co., 99 A.D.2d 753; De Vito v. Marine Midland Bank, 100 A.D.2d 530). Mollen, P.J., Mangano, Gibbons and Bracken, JJ., concur.