Ordered that the order is affirmed insofar as appealed from, with costs.
Given the circumstances of the plaintiff's default, which occurred on November 18, 1985 when the plaintiff's counsel appeared late for the Special Term, Part 8-A Motion Calendar call, the prompt motion to vacate the default made by order to show cause on November 27, 1985, only nine days after the default, and the lack of prejudice to the appellants, we find that the determination of Special Term to vacate the plaintiff's default and deny the appellants' cross motion to dismiss the complaint, upon the condition that the plaintiff comply with outstanding discovery demands, was not an abuse of discretion (see, Battaglia v Hofmeister, 100 A.D.2d 833). Weinstein, J.P., Spatt, Sullivan and Harwood, JJ., concur.