Santos v. City of New York

—In a negligence action to recover damages for personal injuries, etc., the plaintiff appeals from an order of the Supreme Court, Kings County (Jackson, J.), dated May 29, 1992, which granted the defendants’ motion, inter alia, to vacate the default judgment that had been entered against them.

Ordered that the order is affirmed, without costs or disbursements.

We find that the court did not improvidently exercise its discretion in relieving the defendants from their default. The defendants’ default in timely serving their answer is excusable on the ground of law office failure (see, CPLR 5015…