WALKES v. BENOIT


257 A.D.2d 508 (1999)

684 N.Y.S.2d 533

KINGSLEY WALKES, Appellant, v. WHITNEY G. BENOIT, Respondent.

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

Decided January 26, 1999.


In this action by a passenger against the driver of a tour bus involved in an accident in New Jersey, the process server submitted an affidavit attesting to service of the summons and complaint by affixing and mailing at defendant's residence after duly diligent efforts at personal service (CPLR 308 [4]). A year later, in response to plaintiff's motion for default judgment, defendant countered that he was never personally served. But this denial was offered only in the form...

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