ORDERED that the order is reversed insofar as appealed from, as an exercise of discretion, with costs, and that branch of the defendant's motion which was for leave to serve a late answer is granted; and it is further,
ORDERED that the defendant's time to serve a late answer is extended until 30 days after service upon her of a copy of this decision and order, with notice of entry.
Considering the absence of prejudice to the plaintiff, the meritorious nature of the defense, and the public policy in favor of resolving cases on the merits, the delay in serving the answer should have been excused (see, Kaiser v. Delaney, 255 A.D.2d 362).
SANTUCCI, J.P., S. MILLER, LUCIANO, FEUERSTEIN and ADAMS, JJ., concur.