Order reversed, on the law, with costs, motion denied, and judgment dated November 1, 1983 reinstated.
In the order appealed from, Special Term erred in deeming defendant's unverified answer sufficient to answer plaintiff's complaint. We take cognizance of the court's discretionary authority to excuse lack of verification where a substantial right of a party is not prejudiced (CPLR 2001, 3026). Its exercise, however, is not appropriate in the instant case since service of a verified answer was a condition of a prior order of Special Term vacating defendant's default in appearing and answering (cf. Greff v Havens, 75 N.Y.S.2d 387; General Exch. Ins. Corp. v Stern, 25 N.Y.S.2d 266). Titone, J.P., Bracken, Niehoff and Rubin, JJ., concur.