Ordered that the order is affirmed, with costs.
The Supreme Court did not improvidently exercise its discretion in denying the plaintiffs' motion and granting the defendant's cross motion. The defendant set forth a meritorious defense; his delay in serving his answer did not result in prejudice to the plaintiffs, and there was no showing that the delay was in any way deliberate (see, Henderson Murphy v D. V. Waste Control Corp.,
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