Opinion
July 8, 1985
Appeal from the Supreme Court, Suffolk County (Baisley, J., Tanenbaum, J., McCarthy, J.).
Order affirmed, insofar as appealed from, with costs.
Special Term did not abuse its discretion in finding an excusable default and a meritorious claim on these facts. The delay here was due to a misunderstanding in adjourning appellants' motion for summary judgment and a difficulty in obtaining medical evidence. Public policy favors a determination on the merits ( Stark v. Marine Power Light Co., 99 A.D.2d 753), and the sound discretion of Special Term is to be given some latitude in determining what is an excusable default ( Picotte Realty v. Aragona, 87 A.D.2d 955). Therefore, the order of Special Term is affirmed, insofar as appealed from. Mollen, P.J., Bracken, Niehoff and Rubin, JJ., concur.