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KENDALL v. KELLY

283 A.D.2d 401 (2001)

723 N.Y.S.2d 893

CYRIL N. KENDALL, Appellant, v. AGNIS KELLY et al., Respondents.

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

Decided May 7, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff moved, pro se, for leave to enter a default judgment against the defendants pursuant to CPLR 3215 (a) on the ground that they had not served an answer. The defendants submitted a properly-executed affidavit of service, which raised a presumption that the answer was properly mailed 20 days after service of the summons and complaint (see, Kihl v Pfeffer,

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