Straub v. Becker

—Order, Supreme Court, Bronx County (Alan Saks, J.), entered October 1, 1993, which denied defendant-appellant’s motion to vacate its default in answering, unanimously affirmed, without costs.

Defendant-appellant’s insurer’s asserted loss of its file in this matter in the course of a corporate reorganization and relocation, while plausible perhaps to excuse defendant’s failure to answer by December 10, 1992 in keeping with the first extension allowed by plaintiff (see, e.g., Massachusetts Bay Ins. Co. v Guardian Escrow Corp., 171 AD2d 615), does not explain defendant’s continuing failure to…