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GREGORY GUARNERI et al., Respondents, v. GARY T. ST. JOHN, Appellant.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court providently exercised its discretion in accepting law office failure as a reasonable excuse for the plaintiffs' default ( see CPLR 2005; Parker v. City of New York, 272 AD2d 310; Roussodimou v. Zafiriadis, 238 AD2d 568). Further, the court properly considered affidavits submitted by the plaintiffs in reply papers because the defendant submitted a response thereto ( see Matter of Hayden v. County of Nassau, 16 AD3d 415; Teplitskaya v. 3096 Owners Corp., 289 AD2d 477).

The defendant's remaining contentions are without merit.

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GUARNERI v. ST. JOHN
(May 31, 2005)