Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff established its entitlement to vacatur of a stipulation of discontinuance and a stipulation cancelling a lis pendens. The Supreme Court correctly concluded that the plaintiffs default under an escrow agreement, by delivering the duly executed and notarized note one day late, was inadvertent and minor and the result of miscommunication between the parties. Accordingly, the defendant's attempt to take advantage of a technical default was properly rejected by the Supreme Court ( see Weitz v Murphy, 241 AD2d 547, 548-549; Bank of N.Y. v Forlini, 220 AD2d 377, 378; Goldstein v Goldsmith, 243 App Div 268, 272).
The defendant's remaining contentions are without merit.