Swidler v. World-Wide Volkswagen Corp.

OPINION OF THE COURT

Niehoff, J.

This is an appeal from an order of the Supreme Court, Westchester County, entered July 8, 1981, which denied the motion of the defendant World-Wide Volkswagen Corp. to vacate a default judgment in a negligence and strict products liability action. The denial was based upon a holding that “[l]oss of the file due to an insurance office failure does not constitute a reasonable excuse”. For reasons set forth hereinafter we conclude that the default should be vacated.

On or about December 10, 1980, service of process was made upon defendant World-Wide Volkswagen Corp. *240…