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SWIDLER v. WORLD-WIDE VOLKS.

85 A.D.2d 239 (1982)

Steven A. Swidler, Respondent, v. World-Wide Volkswagen Corp., Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 15, 1982

Attorney(s) appearing for the Case

William A. Prinsell for appellant.

Steiner & Unterman (Leonard Steiner of counsel), for respondent.

MANGANO, J. P., THOMPSON and BROWN, JJ., concur.

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...

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