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BERNARDO v. USAIR GROUP, INC.

175 A.D.2d 642 (1991)

Gary A. Bernardo, Respondent, v. USAir Group, Inc., Individually and as Successor to Piedmont Airlines, Inc., Appellant

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

July 12, 1991

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 defendant's in-house legal department (cf., Tiger v Town of...

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