¶ Order reversed insofar as appealed from, as a matter of discretion, without costs or disbursements, and motion to vacate the default and restore the action to the Trial Calendar granted, on condition that plaintiff's attorney personally pay the defendant the sum of $1,500 within 20 days after service upon him of a copy of the order to be made hereon, with notice of entry; in the event that condition is not complied with, then order affirmed insofar as appealed from, with costs.
¶ While in no way condoning plaintiff's attorney's neglect in seeking to restore this action to the calendar, under the circumstances of this case, plaintiff's default should be vacated and he should be allowed to again place his case on the Trial Calendar (CPLR 2005, 3404). Such neglectful conduct does, however, warrant the imposition of an appropriate monetary sanction ( Pirnak v. Savino, 96 A.D.2d 857). Titone, J.P., Gibbons, Brown and Niehoff, JJ., concur.