DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
Contrary to the plaintiff's contention, the Supreme Court providently exercised its discretion in denying his motion for leave to enter a default judgment against the respondents. Although the respondents' delay in serving their answer was due to law office failure, the delay was brief and not willful, and there is no proof that the plaintiff was prejudiced thereby (see, Stone v. County of Nassau, 272 A.D.2d 392; Lefkowitz v. Kaye, Scholer, Fierman, Hays Handler, 271 A.D.2d 576; Bungay v. Joy Power Prods., 243 A.D.2d 527). Furthermore, there is a potentially meritorious defense (see, Stone v. County of Nassau, supra; Lovario v. Vuotto, 266 A.D.2d 191).