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GUARNERI v. ST. JOHN

Appellate Division of the Supreme Court of New York, Second Department.
May 31, 2005
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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.