Cohen v. Arista Truck Renting Corp.

This is a motion by plaintiffs to sever the action against defendant John Amore, for a default judgment and for an assessment of damages against defendant Amore, pursuant to CPLR 3215.

Plaintiffs contend that they served the summons and complaint upon defendant John Amore (hereinafter called “Amore”) pursuant to CPLR 308 (subd. 4); that Amore failed to answer the complaint; that he is now in default and that plaintiffs are, therefore, entitled to a default judgment against Amore.

Defendant Amore contends that the alleged service upon him was fatally defective in that plaintiffs did not comply…