KELLY v. NATIONAL WHOLESALE LIQUIDATORS

ORDERED that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion, inter alia, in denying the plaintiffs' motion for leave to enter a judgment against the defendant Food Merchants RPG, Inc. (hereinafter Food Merchants), upon its default in appearing or answering. Although Food Merchants' delay in serving its answer was due to law office failure, the delay was brief and the plaintiffs were not prejudiced thereby (see Khanna v. Premium Food Sports Enter., 279 A.D.2d 508; Trent v. Bedford Stuyvesant Restoration Ctr., 277 A.D.2d 444; Stone v. County of Nassau, 272 A.D.2d 392) . Furthermore, there is a potentially meritorious defense (see Trent v. Bedford Stuyvesant Restoration Ctr., supra; Stone v. County of Nassau, supra).

ALTMAN, J.P., KRAUSMAN, SCHMIDT and CRANE, JJ., concur.