Majority
In an action on a fire insurance policy, defendant appeals from an order of the Supreme Court, Queens County, dated June 15, 1979, which, inter alia, directed defendant to accept a late complaint. Order affirmed, without costs or disbursements on condition that plaintiff’s attorneys personally pay to defendant the total sum of $500 within 20 days after service upon them of a copy of the order to be made hereon, together with notice of entry thereof. In the event the condition is not complied with, then order reversed, on the law, with $50 costs and disbursements, and defendant’s motion to dismiss is granted. Plaintiff’s time to serve the complaint is extended until 10 days after payment is made. Under the circumstances here, where the failure to timely serve a complaint resulted from "law office failure”, it was an abuse of discretion by Special Term not to condition the granting of relief to plaintiff upon the payment by its counsel of an appropriate sum for their dereliction. Hopkins, J. P., Rabin, O’Connor and Weinstein, JJ., concur.