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J. DONOVAN ASSOCIATES, INC. v. JACOBY & MEYERS LAW OFFICES

256 A.D.2d 553 (1998)

682 N.Y.S.2d 872

J. DONOVAN ASSOCIATES, INC., et al., Respondents, v. JACOBY & MEYERS LAW OFFICES et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 28, 1998.

Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that the plaintiffs' demonstration of a valid excuse, based on law office failure, for their default in opposing a prior motion for summary judgment, and their demonstration of the existence of a meritorious action, were sufficient to warrant an exercise of discretion in their favor (see, CPLR 5015 [a] [1]; 2005...

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