Michael A. Cardozo, Corporation Counsel, New York (Julian L. Kalkstein of counsel), for appellants. Edward R. Young & Associates, P.C., West Babylon (Seth I. Fields of counsel), for respondents.
Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered March 4, 2011, which denied defendants-appellants' motion to dismiss the complaint as untimely served and granted plaintiff's cross motion for leave to serve a late verified complaint, unanimously affirmed, without costs.
The motion court providently exercised its discretion, pursuant to CPLR 3012, in denying the motion and granting the cross motion ( see Lisojo v. Phillip, 188 A.D.2d 369, 369, 591 N.Y.S.2d 40 [1992] ). In light of the complexity of the guardianship and estate proceedings preceding service of the complaint, there appears to be a reasonable excuse for the delay ( id.). Further, considering plaintiff's handicap as an administrator and guardian ( see Santana v. Prospect Hosp., 84 A.D.2d 714, 714, 444 N.Y.S.2d 6 [1981] ), as well as the lack of discovery from defendants, plaintiff's affidavit of merit contained “evidentiary facts sufficient to establish a prima facie case” ( Kel Mgt. Corp. v. Rogers & Wells, 64 N.Y.2d 904, 905, 488 N.Y.S.2d 156, 477 N.E.2d 458 [1985] ). Moreover, defendants' failure to show any prejudice strongly favors excuse of plaintiff's failure to timely serve the complaint ( Lisojo, 188 A.D.2d at 369, 591 N.Y.S.2d 40;Santana, 84 A.D.2d at 714–715, 444 N.Y.S.2d 6).
FRIEDMAN, J.P., SWEENY, RENWICK, FREEDMAN, ABDUS–SALAAM, JJ., concur.