Appeal from an order of the Supreme Court at Special Term, which vacated a judgment for damages in a negligence case, taken upon defendants' default in appearing in the action. There is conflicting proof as to communications had between the representatives of defendant Board of Education's liability insurance carrier and plaintiffs' attorney during the period of 11 weeks which elapsed between the time of the default and the date upon which inquest was taken, and shortly after which, and before entry of judgment, defendants' attorneys were retained and advised plaintiffs' attorney of their interest. However, there appears no reason to doubt the carrier's assertion that its file was lost or mislaid and not transmitted to its local claims office for delivery to local counsel. Absent any compelling reason to the contrary, it was well within the range of the discretion committed to Special Term by the statute to grant relief from the "inadvertence" and "excusable neglect", which it properly could, and implicitly did find. (Civ. Prac. Act, § 108.) Order unanimously affirmed, without costs.