KRYSTOFIC v. RAPISARDI

Order affirmed, insofar as appealed from, with costs.

Special Term did not abuse its discretion in finding an excusable default and a meritorious claim on these facts. The delay here was due to a misunderstanding in adjourning appellants' motion for summary judgment and a difficulty in obtaining medical evidence. Public policy favors a determination on the merits ( Stark v. Marine Power Light Co., 99 A.D.2d 753), and the sound discretion of Special Term is to be given some latitude in determining what is an excusable default ( Picotte Realty v. Aragona, 87 A.D.2d 955). Therefore, the order of Special Term is affirmed, insofar as appealed from. Mollen, P.J., Bracken, Niehoff and Rubin, JJ., concur.