Appeal by defendant Belfield dismissed as abandoned, without costs or disbursements.
Upon the appeal by defendant Matkovic, order affirmed, with costs to respondents payable by appellant Matkovic.
In view of the meritorious nature of plaintiffs' case, the absence of prejudice to defendants and the clear intention of plaintiffs not to abandon the action, Special Term did not err in granting plaintiffs' motion to vacate the 90-day notice and denying the cross motion to dismiss the complaint (see, Zaldua v Metropolitan Suburban Bus Auth., 97 A.D.2d 842, 843, appeal dismissed 61 N.Y.2d 905). Under the circumstances, plaintiffs' brief delay in moving to vacate the 90-day notice and for leave to amend their complaint was excusable. Mangano, J.P., Bracken, Weinstein, Lawrence and Kooper, JJ., concur.