Opinion
Submitted February 9, 2000
March 23, 2000
In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Garson, J.), dated August 18, 1999, which granted that branch of the respondents' motion which was to compel the plaintiff to accept their answer.
Law Offices of Isaac Anolic, P.C., New York, N.Y., for appellant.
Anthony M. Bramante, Brooklyn, N.Y., for respondents.
DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, SONDRA MILLER, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in granting that branch of the respondents' motion which was to compel the plaintiff to accept their answer. The respondents proffered a sufficient excuse for their failure to timely answer the complaint and established the existence of a meritorious defense (cf.,Kennedy v. Cassmon Realty Co., 139 A.D.2d 629 ; Stolpiec v. Wiener, 100 A.D.2d 931 ).
RITTER, J.P., SULLIVAN, S. MILLER, LUCIANO, and H. MILLER, JJ., concur.