J. DONOVAN ASSOC. v. JACOBY MEYERS LAW

Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that the plaintiffs' demonstration of a valid excuse, based on law office failure, for their default in opposing a prior motion for summary judgment, and their demonstration of the existence of a meritorious action, were sufficient to warrant an exercise of discretion in their favor (see, CPLR 5015 [a] [1]; 2005; see also, Alliance Prop. Mgt. Dev. v. Andrews Ave. Equities, 70 N.Y.2d 831).

Bracken, J. P., Ritter, Copertino and Florio, JJ., concur.