Bernardo v. USAir Group, Inc.

— Order unanimously reversed on the law without costs and motion granted. Memorandum: The court abused its discretion in denying defendant’s motion to vacate the default judgment entered in favor of plaintiff. Defendant demonstrated a reasonable excuse for the default, namely, the loss of the litigation file on the day the summons was received by *643defendant’s in-house legal department (cf., Tiger v Town of Bolton, 150 AD2d 889 [holding that defendant’s loss of summons in mailing it to insurer constitutes reasonable excuse]). There is no indication that defendant intended to abandon the action,…